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THOMAS v. STATE

No. 2D04-2518.

909 So.2d 601 (2005)

Milton Earle THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 2, 2005.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Denise O. Simpson, Special Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.

CANADY, Judge.

Milton Earle Thomas appeals two sentences imposed on him following revocation of his probation. Thomas argues and the State concedes that the two sentences are illegal because they exceed the applicable statutory maximum. Thomas earlier raised this sentencing issue by way of a Florida Rule of Criminal Procedure 3.800(b)(1) motion, but his motion was deemed denied due to the trial court's inaction. See Fla. R.Crim. P. 3.800(b)(1)(B).

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