Bryant v. State, 4D03-3732.

Decision Date26 November 2003
Docket NumberNo. 4D03-3732.,4D03-3732.
Citation859 So.2d 1269
PartiesOllie BRYANT, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Ollie Bryant, Arcadia, pro se.

No appearance required for appellee.

PER CURIAM.

Ollie Bryant appeals the denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. Bryant alleged his 192 month sentence as a youthful offender following revocation of probation was illegal as it exceeded the maximum provided in the youthful offender statute. Chapter 958, Fla. Stat. (1998).

If these allegations are true, then Bryant's sentence would be illegal and he would be entitled to relief under rule 3.800(a). See Shaw v. State, 826 So.2d 515 (Fla. 4th DCA 2002)

; Hill v. State, 698 So.2d 931 (Fla. 4th DCA 1997); Swilley v. State, 781 So.2d 458 (Fla. 2d DCA 2001); Schebel v. State, 721 So.2d 1177 (Fla. 1st DCA 1998)

rev. dism. 723 So.2d 830 (Fla. 1999).

The merit of Bryant's claim may hinge on whether his violation of probation was substantive or technical. § 958.14, Fla. Stat. (1998); Swilley, 781 So.2d at 459. The trial court denied the motion stating the sentencing documents showed Bryant was not sentenced as a youthful offender. The trial court failed to provide portions of the record supporting denial or refuting Bryant's claim he was adjudicated a youthful offender and sentenced in excess of the statutory maximum upon revocation of probation. Collins v. State, 805 So.2d 73, 74 (Fla. 4th DCA 2002).

We reverse and remand for further consideration of Bryant's claim.

POLEN, STEVENSON and GROSS, JJ., concur.

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2 cases
  • Goelz v. State, 4D06-2472.
    • United States
    • Florida District Court of Appeals
    • September 27, 2006
    ...allowed by the youthful offender statute is an illegal sentence that can be challenged in a rule 3.800(a) motion. See Bryant v. State, 859 So.2d 1269 (Fla. 4th DCA 2003); Kelly; Louissaint; Schebel v. State, 721 So.2d 1177 (Fla. 1st DCA The circuit court's order is reversed. On remand, appe......
  • Holden v. State, 4D02-4289.
    • United States
    • Florida District Court of Appeals
    • November 26, 2003

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