Tobler v. State

District Court of Appeal of Florida

Tobler v. State

115 So. 3d 1090, 2013 WL 3100530, 2013 Fla. App. LEXIS 9799

District Court of Appeal of Florida·Decided June 21, 2013·No. No. 5D12-2538·Published

Opinion

PER CURIAM.

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.

Footnotes

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PER CURIAM.

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.

Footnotes

Tobler v. State, 115 So. 3d 1090, 2013 WL 3100530, 2013 Fla. App. LEXIS 9799 (Fla. Ct. App. 2013).

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Opinion

Footnotes

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