2D04-4489 / Lynch v. State

State: Florida

Court: Florida Southern District Court

Docket No: 2D04-4489

Case Date: 04/15/2005

Plaintiff: 2D04-4489 / Lynch

Defendant: State

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED.
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
PAUL DAVID LYNCH,                                                                   )
)
Appellant,                                                                          )
)
v.                                                                                  )   Case No. 2D04-4489
)
STATE OF FLORIDA,                                                                   )
)
Appellee.                                                                           )
)
Opinion filed April 15, 2005.
Appeal pursuant to Fla. R. App. P.
9.141(b)(2) from the Circuit Court for
Lee County; Thomas S. Reese,
Judge.
Paul David Lynch, pro se.
Charles J. Crist, Jr., Attorney General,
Tallahassee, and Cerese C. Taylor,
Assistant Attorney General, Tampa,
for Appellee.
DAVIS, Judge.
Paul David Lynch appeals the summary denial of his Florida Rule of
Criminal Procedure 3.850 motion and contemporaneously filed rule 3.800(a) motion.
We affirm the trial court=s denial of Lynch=s rule 3.850 motion without comment.

However, having found that Lynch=s rule 3.800(a) motion correctly asserts that the trial
court imposed an illegal sentence, we reverse.
Section 958.04(2)(c), Florida Statutes (Supp. 1996), provides that the total
term of incarceration and probation a court can impose on a defendant designated as a
youthful offender is limited to six years.   By sentencing Lynch as a youthful offender and
also imposing an adult sentence of ten years= probation, the trial court, as the State
correctly concedes, imposed a sentence which violated Florida law.   See Louissaint v.
State, 727 So. 2d 403 (Fla. 3d DCA 1999).
Accordingly, we reverse the trial court=s denial of Lynch=s rule 3.800(a)
motion and remand for resentencing in accordance with the provisions of the Florida
Youthful Offender Act.1
Reversed and remanded.
NORTHCUTT and STRINGER, JJ., Concur.
1    '' 958.01-.15.
-2-

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