Papinchak v. State

DAVIS, Judge.

Stephen Papinchak appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand for correction of sentence.

Papinchak pleaded nolo contendere to one count of lewd and lascivious act in the presence of a child under the age of sixteen, and the court sentenced him as a youthful offender to four years’ probation. Papinchak filed a motion for reconsideration of sentence, and the court modified his sentence to two years’ community control. Papinchak subsequently violated his community control,…