Gonzalez v. State

Defendant appeals the denial of a motion to correct an illegal sentence filed under rule 3.800(a).

Defendant was sentenced to one year of probation for one count of first degree stalking, and for one count of misdemeanor criminal mischief. The sentences were ordered to run consecutively. Less than one year after sentencing, the court granted Defendant’s request for early termination of probation.

Three years later, Defendant filed a rule 3.800(a) motion, alleging that the one-year *297probationary term imposed for the offense of criminal mischief was illegal, as the statutory maximum was six…