FONTEYNE v. STATE

No. 2D02-5367.

855 So.2d 99 (2003)

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

District Court of Appeal of Florida, Second District.

June 13, 2003.


KELLY, Judge.

Allen 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.

Section 316.192(2)(a), Florida Statutes, provides that any person convicted of reckless driving shall be punished upon first...

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