Opinion
No. 99-2233.
Opinion filed September 10, 1999.
Petition for Writ of Habeas Corpus. A Case of Original Jurisdiction.
Antonio Brown, Okeechobee, pro se.
No Appearance for Respondent.
Brown petitions this court for an Emergency Petition for Writ of Habeas Corpus, claiming that the1995 sentence he received in Case No. CR 95-8275 — 162 days jail time, with credit of 162 days served to be followed by six years of supervised probation consecutive to a five-year sentence in the Department of Corrections being served in a different case — was illegal. Brown alleges he was adjudicated guilty, sentenced as described above, and classified as a Youthful Offender. Therefore, he asserts his sentence is illegal since the Youthful Offender Act, section 958.04, limits the sentence a defendant can receive to a maximum of six years. See State v. Mancino, 714 So.2d 429, 433 (Fla. 1998); Schebel v. State, 721 So.2d 1177 (Fla. 1st DCA 1998); Allen v. State, 526 So.2d 69 (Fla. 1988).
Whether Brown has received an illegal sentence depends on a determination of factual matters from the record. It should first be presented to the trial court. See generally Baldwin Piano Organ Co. v. Rosenow, 689 So.2d 420 (Fla. 4th DCA 1997); Lark v. State, 617 So.2d 782 (Fla. 1st DCA 1993). Accordingly, we deny the petition without prejudice to seek relief by filing a motion in the trial court pursuant to Florida Rule of Criminal Procedure 3.800.
Petition for Writ of Habeas Corpus DENIED.
ANTOON, CJ., and THOMPSON, J., concur.