RAYMOND F. LAWSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant 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). Because the appellant has made a facially sufficient claim that his youthful offender sentence is illegal, we reverse.
The appellant was found guilty of violating probation that was imposed after he successfully completed youthful offender boot camp, and he was sentenced to 69.6 months’ imprisonment followed by 5 years’ probation. The appellant filed a rule 3.800(a) motion alleging that his sentence is illegal under section 958.04(2)(b), Florida Statutes. The plain language of section 958.04(2)(b), Florida Statutes, states that a youth may only receive up to 364 days in a specified facility as a penalty for violating probation imposed after successful completion of boot camp. Thomas v. State, 825 So. 2d 1032, 1033 (Fla. 1st DCA 2002). Because the appellant’s sentence exceeds the 364 days permitted by the statute, we reverse the trial court’s summary denial of the appellant’s motion and remand for re-sentencing.
REVERSED and REMANDED.
BENTON, PADOVANO and BROWNING, JJ„ concur.
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Blaxton v. State, 868 So. 2d 620 (Fla. 2d DCA 2004)…a term of probation, and then violated probation could not receive a sentence of more than 364 days’ incarceration because that is the maximum sentence the court “might have originally imposed as a condition of probation.” See also Lawson v. State, 845 So. 2d 986 (Fla. 1st DCA 2003); Thomas v. State, 825 So. 2d 1032 (Fla. 1st DCA 2002); Burkett v. State, 816 So. 2d 767 (Fla. 1st DCA 2002). Similarly in this case, when re-sentencing Mr. Blaxton upon the violation of his probation, the circuit court could not…
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Adderly v. State, 958 So. 2d 997 (Fla. 5th DCA 2007)…(Fla. 3d DCA 2005); Lee v. State, 884 So. 2d 460 (Fla. 4th DCA 2004); Mims v. State, 871 So. 2d 1003 (Fla. 1st DCA 2004); Blaxton v. State, 868 So. 2d 620, 621 (Fla. 2d DCA 2004); Mason v. State, 864 So. 2d 1225 (Fla. 1st DCA 2004); Lawson v. State, 845 So. 2d 986 (Fla. 1st DCA 2003); Williams v. State, 841 So. 2d 685 (Fla. 5th DCA 2003); Thomas v. State, 825 So. 2d 1032 (Fla. 1st DCA 2002); Burkett v. State, 816 So. 2d 767 (Fla. 1st DCA 2002); Geri v. State, 797 So. 2d 605 (Fla. 1st DCA 2001); and Bloodworth…
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Jude Cazeau v. State, 873 So. 2d 528 (Fla. 4th DCA 2004)…spard v. State, 848 So. 2d 1161 (Fla. 1st DCA) (reversing aggravated stalking conviction where jury was not instructed that defendant’s knowledge of injunction was an element of the crime and this issue was disputed at trial), supplemented on reh’g, 845 So. 2d 986 (Fla. 1st DCA 2003). AFFIRMED in part; REVERSED in part; and REMANDED. STONE and HAZOURI, JJ., concur. . We acknowledge that there is language in this court’s opinion in Livingston v. State, 847 So. 2d 1131 (Fla. 4th DCA 2003), which could be con…
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- Thomas v. State, 825 So. 2d 1032 (Fla. 1st DCA 2002)