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855 So. 2d 99

Docket No. 2D02-5367.

Fonteyne v. State

Allen FONTEYNE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2003-06-13

Cited by 1 later decisions — most recently May 2007

1 state decisions

Relies on 328 So. 2d 223 - Watts v. State · 640 So. 2d 103 - Cheney v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2003-06-13

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¶1KELLY, Judge.

¶2Allen Fonteyne challenges the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Fonteyne claims that his sentence of one year of probation for reckless driving is illegal because it exceeds the statutory maximum for that offense. We agree and reverse.

¶3Section 316.192(2)(a), Florida Statutes, provides that any person convicted of reckless driving shall be punished upon first conviction by imprisonment for a period of not more than ninety days. This court has held that a term of probation is not to exceed the statutory maximum for incarceration. Watts v. State, 328 So.2d 223 (Fla. 2d DCA 1976). Therefore, the probationary term could not have exceeded ninety days. Nor could Fonteyne have *100 agreed to an illegal sentence, one that exceeds the statutory maximum term. Cheney v. State, 640 So.2d 103 (Fla. 4th DCA 1994). Accordingly, we vacate the sentence and remand for resentencing.

¶4Vacated and remanded for resentencing.

¶5SALCINES and DAVIS, JJ., Concur.

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