WEINSTEIN v. STATE

No. 4D06-617.

935 So.2d 565 (2006)

Jay WEINSTEIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 28, 2006.


Attorney(s) appearing for the Case

Jay Weinstein, Okeechobee, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee.


STONE, J.

We reverse the denial of Weinstein's rule 3.800(a) motion to correct an illegal sentence imposed upon his violation of probation.

In 1992, Weinstein was initially sentenced to fifteen years in prison, followed by seven years probation. Following his release from prison on June 6, 1997, he violated probation by committing new offenses.

It was not until after his release from prison that an audit awarded him 645 days of additional provisional...

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