Opinion
No. 4D10-3484.
September 16, 2010.
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. 93-1840 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.
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.