Lampkins v. State

ON MOTION FOR REHEARING AND/OR CLARIFICATION

STEVENSON, J.

The appellee’s motion for rehearing and/or clarification is granted. The original opinion filed in this case on October 3, 2001, is withdrawn and the following is substituted in its place.

Appellant was sentenced as a youthful offender to five years in prison and one year of probation. In his rule 3.800(a) motion to correct sentence, he argues that the incarcerative portion exceeds the statutory maximum of four years of imprisonment provided by section 958.04(2)(c), Florida Statutes (2000). See also Nguyen v. State, 566 So.2d 368 (Fla.…