Adrian MIMS, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, First District.
Appellant, pro se.
Charlie Crist, Attorney General; Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.
The appellant challenges the trial court's summary denial of his motion to correct illegal sentence in which he alleged that the 80-month sentence he received upon *1004 violating probation following his successful completion of boot camp is illegal. Because the record conclusively establishes the facial sufficiency of the motion and the appellant's legal entitlement to relief, we reverse.
On October 14, 1999, the appellant was sentenced to 55 months' imprisonment for the offenses of aggravated battery with a firearm and possession of a firearm by a minor. The court did not explicitly sentence him as a youthful offender but recommended that he be sent to a facility for youthful offenders. While incarcerated, the Department of Corrections ("DOC") recommended and accepted the appellant into the boot camp program. After the appellant successfully completed the program, DOC filed a motion to modify the appellant's sentence pursuant to section 958.045, Florida Statutes (1999), and his sentence was modified from 55 months' imprisonment to 4 years' probation. The appellant subsequently admitted to violating his probation, his supervision was revoked, and he was sentenced to 80 months' incarceration with credit for time served.
The appellant filed a motion to correct illegal sentence, alleging that upon his violation of probation, he could not be sentenced to a term of incarceration exceeding 364 days pursuant to sections 958.045(2)(b) and 958.045(5)(c), Florida Statutes (1999). See Thomas v. State,
We accordingly reverse the trial court's summary denial of the appellant's motion and remand for sentencing consistent with Bloodworth and Thomas.
REVERSED AND REMANDED.
ALLEN, PADOVANO and LEWIS, JJ., concur.
