Florida District Courts of Appeal, 2007

Foxworth v. State

Foxworth v. State
Florida District Courts of Appeal · Decided June 29, 2007 · Lewis, Thomas, Webster
961 So. 2d 990; 2007 Fla. App. LEXIS 10046; 2007 WL 1851446 (Southern Reporter, Second Series)

Foxworth v. State

Opinion of the Court

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.

*991REVERSED and REMANDED, with directions.

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

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