JOSHUA R. SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Joshua R. Smith challenges the trial court’s summary denial of his motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The appellant claims that because his crimes were third-degree felonies, his concurrently imposed youthful offender split sentences, each of which totaled six years, exceed the statutory maximum of five years. The state concedes that resentencing of appellant is required. We agree and reverse and remand with instructions for the trial court to resen-tenee the appellant to a sentence that comports with the Youthful Offender Statute and which does not exceed the statutory maximum for third-degree felonies. See Gross v. State, 720 So. 2d 578, 579 (Fla. 1st DCA 1998).
REVERSED AND REMANDED.
WOLF, VAN NORTWICK and POLSTON, JJ., concur.
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Bruno v. State, 837 So. 2d 521 (Fla. 1st DCA 2003)…’s resen-tencing, or withdrawing from the plea agreement and proceeding to trial on the original charges. Williams v. State, 650 So. 2d 1054, 1055 (Fla. 1st DCA 1995).” White v. State, 828 So. 2d 491, 492 (Fla. 1st DCA 2002); see also West v. State, 818 So. 2d 637, 638 (Fla. 1st DCA 2002); Bell v. State, 795 So. 2d 1140, 1141 (Fla. 1st DCA 2001); Rainey v. State, 741 So. 2d 1207, 1208 (Fla. 1st DCA 1999); Forshee v. State, 579 So. 2d 388, 389 (Fla. 2d DCA 1991); Jolly v. State, 392 So. 2d 54, 56 (Fla. 5th DCA…
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Ross v. State, 901 So. 2d 252 (Fla. 4th DCA 2005)…gh there is no opinion discussing whether, or why, Huggins should be applied retroactively, we and other courts have, in fact, done so. See, e.g., Saunders v. State, 823 So. 2d 829 (Fla. 4th DCA 2002) (applying Huggins retroactively); West v. State, 818 So. 2d 637 (Fla. 1st DCA 2002) (applying Huggins where plea was entered in 1999 and Huggins was not decided until 2001). Applying these authorities dictates that as the defendant committed the offense before the effective date of the statutory amendment, July…
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Saunders v. State, 823 So. 2d 829 (Fla. 4th DCA 2002)…hallenge as it is apparent on the face of the record that the jury did not make an express finding that the structure was occupied. As such, appellant could not have been legally sentenced under the Prison Releasee Reoffender Act. See West v. State, 818 So. 2d 637 (Fla. 1st DCA 2002). Accordingly, as in the West case, the trial court order summarily denying appellant’s rule 3.800(a) motion is reversed, and remanded for the trial court to either grant relief or attach portions of the record which conclusivel…
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- Gross v. State, 720 So. 2d 578 (Fla. 1st DCA 1998)