THOMAS v. STATE

No. 1D02-0970.

825 So.2d 1032 (2002)

David J. THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 12, 2002.


Attorney(s) appearing for the Case

Appellant, pro se.

Robert A. Butterworth, Attorney General, and Janelle C. Gillaspie, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

David J. Thomas challenges the trial court's summary denial of his motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Appellant asserts that his sentence of a ten year period of incarceration was illegal because, under section 958.04(2)(b), Florida Statutes (1995), the trial court could impose a maximum period of incarceration of no greater than 364 days upon his violation of probation that followed successful...

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