Diaz v. State (929 So. 2d 668, 2006)

PER CURIAM.

The appellant challenges the summary denial of his postconviction motion in which he asserts that the trial court erroneously imposed a sentence in excess of 364 days’ incarceration upon his violation of probation where the appellant had previously completed youthful offender boot camp.

A defendant may not be resentenced upon a subsequent violation of probation to a period exceeding 364 days’ incarceration following participation in a youthful offender boot camp pursuant to section 958.04(2)(b), Florida Statutes (1997). See Thomas v. State, 825 So.2d 1032 (Fla. 1st DCA 2002); Bloodworth v. State, 769 So.2d 1117 (Fla. 2d DCA 2000). Here, according to appellant’s motion and supporting documents, he participated in a youthful offender boot camp program and as a result, the trial court modified his original sentence. Thus, the trial court’s imposition of a sentence exceeding 364 days’ incarceration upon the appellant’s violation of probation violates section 958.04(2)(b), Florida Statutes (1997), and appears to be illegal. See Thomas, 825 So.2d at 1033; Blood-worth, 769 So.2d at 1118.

We, therefore, REVERSE the summary denial and REMAND for the trial court to either attach documentation conclusively refuting the appellant’s claim, or to resen-tence the appellant consistent with Thomas and Bloodworth.

REVERSED AND REMANDED.

WOLF, PADOVANO, and POLSTON, JJ., concur.