MANCIPE v. State

District Court of Appeal of Florida

MANCIPE v. State

43 So. 3d 194, 2010 Fla. App. LEXIS 13717, 2010 WL 3582925

District Court of Appeal of Florida·Decided September 16, 2010·No. 4D10-3484·Published

Opinion

*195 PER CURIAM.

The trial court’s order denying appellant’s Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence is reversed. Under section 948.03(5), Florida Statutes (1993), the one-year term of incarceration is illegal as a period of incarceration imposed as a condition of community control “shall not exceed 364 days.” The illegal sentence in this case is not moot. See 8 U.S.C. § 1101(a)(43)(F); 8 U.S.C. § 1101(a)(43)(G). The trial court shall correct the community control and probation orders accordingly.

Reversed and Remanded.

STEVENSON, DAMOORGIAN and GERBER, JJ., concur.

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*195 PER CURIAM.

The trial court’s order denying appellant’s Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence is reversed. Under section 948.03(5), Florida Statutes (1993), the one-year term of incarceration is illegal as a period of incarceration imposed as a condition of community control “shall not exceed 364 days.” The illegal sentence in this case is not moot. See 8 U.S.C. § 1101(a)(43)(F); 8 U.S.C. § 1101(a)(43)(G). The trial court shall correct the community control and probation orders accordingly.

Reversed and Remanded.

STEVENSON, DAMOORGIAN and GERBER, JJ., concur.

MANCIPE v. State, 43 So. 3d 194, 2010 Fla. App. LEXIS 13717, 2010 WL 3582925 (Fla. Ct. App. 2010).

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Opinion

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