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MASON v. STATE

No. 1D03-3600.

864 So.2d 1225 (2004)

Louis Alexander MASON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 23, 2004.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General and Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee.

BROWNING, J.

In this direct appeal, Appellant challenges his sentence of two concurrent terms of 48 months of incarceration on the grounds that it exceeds the maximum penalty of 364 days of incarceration for youthful offenders who were sentenced to probation upon completion of boot camp and thereafter violated that probation. We agree and reverse.

Appellant was originally sentenced as an adult to probation; upon violation, he was sentenced as a youthful offender...

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