Carroll v. State

ON CONCESSION OF ERROR

The defendant seeks review of the denial of his Rule 3.800 motion to correct illegal sentence. We reverse in part.

In 1993, Carroll was charged with one count of committing a lewd assault upon a child under the age of sixteen, in violation of section 800.04, Florida Statutes (1993). That offense is a second degree felony which carries a maximum penalty of fifteen years. See § 775.082, Fla. Stat. (1993). On April 20, 1993, the defendant was sentenced on that charge to 364 days in jail, to be followed by ten years probation.

An affidavit of violation of probation was filed…