Florida District Courts of Appeal, 2010

MANCIPE v. State

MANCIPE v. State
Florida District Courts of Appeal · Decided September 16, 2010 · Stevenson, Damoorgian, Gerber
43 So. 3d 194; 2010 Fla. App. LEXIS 13717; 2010 WL 3582925 (Southern Reporter, Third Series)

MANCIPE v. State

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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