BAPTISTE V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 SONNFRED BAPTISTE, ** Appellant, ** vs. ** ** THE STATE OF FLORIDA, CASE NO. 3D01-1242 LOWER TRIBUNAL NO. 00-5464 ** Appellee. Opinion filed August 22, 2001. An appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Dade County, Marilyn Milian, Judge. Sonnfred Baptiste, in proper person. Robert A. Butterworth, Attorney General, and Maingot, Assistant Attorney General, for appellee. Consuelo Before COPE and GERSTEN, JJ., and NESBITT, Senior Judge. PER CURIAM. Sonnfred Baptiste appeals an order denying his motion to correct illegal sentence Procedure 3.800(a). under Florida Rule of Criminal The State concedes that the order must be reversed. Defendant-appellant Baptiste entered into a plea bargain pursuant to which he was given a split sentence as a youthful offender to a term of five years incarceration followed by one year of community control. The State acknowledges that the incarcerative period for a split youthful offender sentence cannot exceed four years. § 958.04(2)(c), (d), Fla. Stat. (1999)*; Collado v. State, 776 So. 2d 355, 356 (Fla. 3d DCA 2001). We reverse the order now under review and remand for resentencing within legal limits, or alternatively to allow defendant to withdraw his plea and proceed to trial. Collado, 776 So. 2d at 356. Reversed and remanded for further proceedings consistent herewith. * The crime date was January 26, 2000. 2

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