WILLIAM G. GREEN v. STATE OF FLORIDA
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IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
WILLIAM G. GREEN,
Appellant,
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
v.
CASE NO. 1D05-0174
STATE OF FLORIDA,
Appellee.
___________________________/
Opinion filed June 1, 2005.
An appeal from the Circuit Court for Columbia County.
E. Vernon Douglas, Judge.
Appellant, pro se.
Charlie Crist, Attorney General; Sherri Tolar Rollison, Assistant Attorney General,
Tallahassee, for Appellee.
PER CURIAM.
The appellant challenges the trial court’s summary denial of his motion to
correct illegal sentence in which he alleged that the 10-year prison sentence he
received upon violating probation following his successful completion of boot
camp is illegal. Because the record conclusively establishes the appellant’s legal
entitlement to relief, we reverse.
The appellant has been designated a youthful offender for purposes of
sentencing, has received court approval to attend boot camp, has successfully
completed boot camp, and has been resentenced to probation pursuant to section
958.045(5)(c). Thus, upon violation of probation, the appellant could have been
sentenced to no more than 364 days in jail under section 958.04(2)(b). See
Thomas v. State, 825 So. 2d 1032, 1033 (Fla. 1st DCA 2002). His sentence of 10
years' incarceration is therefore illegal, and the trial court erred in denying his
motion to correct sentence.
We accordingly reverse the trial court’s summary denial of the appellant’s
motion and remand for sentencing consistent with Thomas.
REVERSED AND REMANDED.
KAHN, BROWNING, and LEWIS, JJ., concur.
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