COLIN EARL BURKETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a sentence imposed after violation of probation, following successful completion of boot camp, was illegal because it exceeded the statutory maximum penalty.
Appellant was sentenced to incarceration followed by probation, with a reduced probation term if boot camp was completed. He completed boot camp and p…
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PER CURIAM.
The appellant challenges an order of the trial court summarily denying his rule 3.800(a) motion in which he alleged that his sentence following violation of probation was illegal under sections 958.04(2)(b) and 958.045(5)(c), Florida Statutes (1998), and Bloodworth v. State, 769 So. 2d 1117 (Fla. 2d DCA 2000). We reverse.
The appellant was initially sentenced to 22.35 months’ incarceration to be followed by three years’ probation, but with a specific provision that if the appellant completed boot camp, the probation term would be reduced to two years. He was classified as a youthful offender and he entered the boot camp program and successfully completed it. Upon release from incarceration, the trial court modified the sentence to reflect the two year period of probation contained in the initial sentencing order. After a violation of probation, the appellant was sentenced to five years’ incarceration.
Upon violation of probation imposed after successful completion of boot camp, the trial court is limited to imposing a sentence of no more than 364 days in a specified facility as a penalty. See § 958.04(2)(b), Fla. Stat. (1998); Bloodworth, 769 So. 2d at 1118. Given that the appellant received a five-year sentence, his claim that his sentence is illegal appears from the record before us to be well founded. See id; see also Ellis v. State, 783 So. 2d 1221 (Fla. 1st DCA 2001).
The order under review is accordingly reversed and this case is remanded for reconsideration of the appellant’s motion.
ALLEN, C.J., BROWNING and LEWIS, JJ., concur.
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Blaxton v. State, 868 So. 2d 620 (Fla. 2d DCA 2004)…eration because that is the maximum sentence the court “might have originally imposed as a condition of probation.” See also Lawson v. State, 845 So. 2d 986 (Fla. 1st DCA 2003); Thomas v. State, 825 So. 2d 1032 (Fla. 1st DCA 2002); Burkett v. State, 816 So. 2d 767 (Fla. 1st DCA 2002). Similarly in this case, when re-sentencing Mr. Blaxton upon the violation of his probation, the circuit court could not reimpose probationary terms beyond the 364-day period of incarceration. As interpreted in Bloodworth, pursu…
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Holmes v. State, 899 So. 2d 432 (Fla. 3d DCA 2005)…cility. Bloodworth v. State, 769 So. 2d 1117 (Fla. 2d DCA 2000); see also, Lee v. State, 884 So. 2d 460 (Fla. 4th DCA 2004); Blaxton v. State, 868 So. 2d 620 (Fla. 2d DCA 2004); Thomas v. State, 825 So. 2d 1032 (Fla. 1st DCA 2002); Burkett v. State, 816 So. 2d 767 (Fla. 1st DCA 2002). Section 958.04, Florida Statutes (2002), governs the judicial disposition of youthful offender cases. This section allows courts to impose a split sentence, as was done here, “whereby the youthful offender is placed on probatio…
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Adderly v. State, 958 So. 2d 997 (Fla. 5th DCA 2007)…a. 2d DCA 2004); Mason v. State, 864 So. 2d 1225 (Fla. 1st DCA 2004); Lawson v. State, 845 So. 2d 986 (Fla. 1st DCA 2003); Williams v. State, 841 So. 2d 685 (Fla. 5th DCA 2003); Thomas v. State, 825 So. 2d 1032 (Fla. 1st DCA 2002); Burkett v. State, 816 So. 2d 767 (Fla. 1st DCA 2002); Geri v. State, 797 So. 2d 605 (Fla. 1st DCA 2001); and Bloodworth v. State, 769 So. 2d 1117 (Fla. 2d DCA 2000).…
Authorities Cited
- Baron Ellis Bloodworth v. State, 769 So. 2d 1117 (Fla. 2d DCA 2000)
- Ellis v. State, 783 So. 2d 1221 (Fla. 1st DCA 2001)