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MANCIPE v. STATE

No. 4D10-3484.

43 So.3d 194 (2010)

Howard MANCIPE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 16, 2010.

Attorney(s) appearing for the Case

Richard P. Lawson of Gardner, Brewer, Martinez-Monfort, P.A., Tampa, for appellant.

Bill McCollum , Attorney General, Tallahassee, and Don M. Rogers , Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The trial court's order denying appellant's Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence is reversed. Under section 948.03(5), Florida Statutes (1993), the one-year term of incarceration is illegal as a period of incarceration imposed as a condition of community control "shall not exceed 364 days." The illegal sentence in this case is not moot. See 8 U.S.C. § 1101...

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