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961 So. 2d 990

Foxworth v. State

District Court of Appeal of Florida · decided 2007-06-29

Relies on 825 So. 2d 1032 - Thomas v. State

Decided 2007-06-29

PER CURIAM.

¶1In this direct criminal appeal, appellant, who was originally sentenced as a youthful offender and successfully completed the Department of Corrections’ boot camp program, challenges as illegal his 76.5-month sentence imposed following revocation of his community control. He contends that he could not legally be sentenced to a term of more than 364 days following revocation of his community control. The state concedes error. We agree. See §§ 958.045(5)(c) & 958.04(2)(b), Fla. Stat. (2001); Thomas v. State, 825 So.2d 1032 (Fla. 1st DCA 2002). Accordingly, we reverse appellant’s 76.5-month sentence, and remand for resentencing, with directions that the sentence imposed not exceed 364 days, although it may be imposed to run consecutively to his 56-month sentence.

¶2*991REVERSED and REMANDED, with directions.

WEBSTER, LEWIS, and THOMAS, JJ., concur.
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