Foxworth v. State

District Court of Appeal of Florida

Foxworth v. State

961 So. 2d 990, 2007 Fla. App. LEXIS 10046, 2007 WL 1851446

Procedural entryThis page is a short order in Foxworth v. State. Read the opinion of the Court — 2008 Fla. App. LEXIS 12341 →

District Court of Appeal of Florida·Decided June 29, 2007·No. No. 1D06-2401·Published

Opinion

PER CURIAM.

In this direct criminal appeal, appellant, who was originally sentenced as a youthful offender and successfully completed the Department of Corrections’ boot camp program, challenges as illegal his 76.5-month sentence imposed following revocation of his community control. He contends that he could not legally be sentenced to a term of more than 364 days following revocation of his community control. The state concedes error. We agree. See §§ 958.045(5)(c) & 958.04(2)(b), Fla. Stat. (2001); Thomas v. State, 825 So.2d 1032 (Fla. 1st DCA 2002). Accordingly, we reverse appellant’s 76.5-month sentence, and remand for resentencing, with directions that the sentence imposed not exceed 364 days, although it may be imposed to run consecutively to his 56-month sentence.

[991]*991REVERSED and REMANDED, with directions.

WEBSTER, LEWIS, and THOMAS, JJ., concur.

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PER CURIAM.

In this direct criminal appeal, appellant, who was originally sentenced as a youthful offender and successfully completed the Department of Corrections’ boot camp program, challenges as illegal his 76.5-month sentence imposed following revocation of his community control. He contends that he could not legally be sentenced to a term of more than 364 days following revocation of his community control. The state concedes error. We agree. See §§ 958.045(5)(c) & 958.04(2)(b), Fla. Stat. (2001); Thomas v. State, 825 So.2d 1032 (Fla. 1st DCA 2002). Accordingly, we reverse appellant’s 76.5-month sentence, and remand for resentencing, with directions that the sentence imposed not exceed 364 days, although it may be imposed to run consecutively to his 56-month sentence.

[991]*991REVERSED and REMANDED, with directions.

WEBSTER, LEWIS, and THOMAS, JJ., concur.

Foxworth v. State, 961 So. 2d 990, 2007 Fla. App. LEXIS 10046, 2007 WL 1851446 (Fla. Ct. App. 2007).

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Opinion

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