TERRANCE TOBLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Terrance Tobler appealed the denial of his postconviction relief motion, arguing his sentence for violating probation after completing a boot camp program was illegal. The appellate court agreed, finding his sentence exceeded the statutory limit for youthful offenders who successfully complete boot camp.
Yes, the eight-year sentence was illegal. As a youthful offender who successfully completed boot camp prior to the July 1, 2006 amendment, the maximum sentence Tobler could receive for a probation violation was 364 days.
“Because Tobler committed the offenses prior to the July 1, 2006 amendment to section 958.045(5)(c), Florida Statutes, as a youthful offender who successfully completed boot camp, the harshest sentence he could receive on a violation of probation in each of his cases1 was 364 days.”
This quote establishes the core legal principle and the reason for the reversal.
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Join FLexlaw to unlock all legal intelligenceTerrance Tobler, a youthful offender, successfully completed a boot camp program. He later violated probation and received a composite sentence of eig…
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Terrance Tobler appeals the summary denial of his motion for postconviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. He claims the composite sentence of eight years he received for violating the probation imposed after successfully completing the Department of Corrections basic training program (boot camp) was illegal. The State properly concedes error. Because Tobler committed the offenses prior to the July 1, 2006 amendment to section 958.045(5)(c), Florida Statutes, as a youthful offender who successfully completed boot camp, the harshest sentence he could receive on a violation of probation in each of his cases1 was 364 days. See *1091§ 958.04(2)(b), Fla. Stat. (2005);2 Negron v. State, 90 So.3d 948 (Fla. 5th DCA 2012); Lamore v. State, 86 So.3d 546 (Fla. 2d DCA 2012); Mason v. State, 864 So.2d 1225, 1227 (Fla. 1st DCA 2004); Thomas v. State 825 So.2d 1032, 1033-34 (Fla. 1st DCA 2002); Bloodworth v. State, 769 So.2d 1117, 1118 (Fla. 2d DCA 2000). Accordingly, we reverse and remand for resen-tencing.
REVERSED and REMANDED.
SAWAYA, LAWSON and BERGER, J.J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Baron Ellis Bloodworth v. State, 769 So. 2d 1117 (Fla. 2d DCA 2000)
- Thomas v. State, 825 So. 2d 1032 (Fla. 1st DCA 2002)
- Lamore v. State, 86 So. 3d 546 (Fla. 2d DCA 2012)
- Mason v. State, 864 So. 2d 1225 (Fla. 1st DCA 2004)
- Negron v. State, 90 So. 3d 948 (Fla. 5th DCA 2012)