Howard Mancipe v. State of Florida

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2010 HOWARD MANCIPE, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-3484 [September 16, 2010] 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. * * * Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey R. Levenson, Judge; L.T. Case No. 93-4840 CF10A. Richard P. Lawson of Gardner, Brewer, Martinez-Monfort, P.A., Tampa, for appellant. Bill McCollum, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing.

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