MANCIPE v. State
This text of 43 So. 3d 194 (MANCIPE v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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Cite This Page — Counsel Stack
43 So. 3d 194, 2010 Fla. App. LEXIS 13717, 2010 WL 3582925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mancipe-v-state-fladistctapp-2010.