NOT FINAL UNTIL TIME EXPI RES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

LAGARRIAN R. DONALDSON, ) ) Appellant, ) ) v. ) Case No. 2D13-2407 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________ ) Opinion filed Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Thane B. Covert, Judge. Lagarrian R. Donaldson, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Brandon R. Christian, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM. Lagarrian R. Donaldson appeals the postconviction court order g ranting in part and summarily denying in part his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The State prop erly concedes error. Therefore , we reverse and remand for an evidentiary hearing on one of Donaldson's claims. We affirm the denial of his remaining claims without comment.- 2 - Donaldson pleaded no contest to first-degree burglary, and the court sentenced him as a youthful off ender to three years' imprisonme nt followed by three years' probation. During his incarceration, Donaldson successf ully completed the youthful offender training program , also known as "boot camp." Donaldson was resentenced to probation for the remainder of his original pris on sentence followed by the original three years' probation. As a part of a negotiated agreement, Donaldson admitted to viol ating his probation by committing the new offenses of burglary of a dwell ing, a second-degree felony, and grand theft, a third-degree felony. The court revo ked Donaldson's probation and resentenced him to fifteen years' imprisonment for first-de gree burglary, and, for the new law violations, to fifteen years' imprisonment for burglary and five years' imprisonment for grand theft, all to be served concurrently.

Donaldson then filed this motion for postconviction relief, all eging in part that (1) his fifteen-year sentence for first-degree burglary wa s illegal because he was originally sentenced as a youthful offender and had successfull y completed boot camp; and (2) his plea was involuntary because counsel misadvised him that he faced life in prison for first-degree burglary when he actually only faced up to a year in jail after violating probation. The postconviction court granted relief o n Donaldson's first claim after the State conceded error; under the statute applicable to Donaldson, a youthful offender who violated probation could not be sentenced to more than 364 days in jail if he had completed the youthful offender "boot camp" program. Se e §§ 958.04(2)(b),- 3 - .045(5)(c), Fla. Stat. (2005); 1 Cutler v. State, 927 So. 2d 249, 250 (Fla. 2d DCA 2006); Bloodworth v. State, 769 So. 2d 1117, 1118 (Fla. 2d DCA 2000). He was resentenced to one year in jail for first-degree burglary. However, the po stconviction court denied Donaldson's involuntary plea cla im, reasoning that Donaldson ha d already received relief in the form of resentencing. The postconviction court erred in denying this claim. When a d efendant enters into a plea agreement for an illegal sentence, the corre ction of the illegal sentence does not necessarily preclude the defendant from stati ng a claim that his plea was involuntary. "[W]hen a defendant pleads guilty with the un derstanding that the sentence he or she receives in exchange is legal, when in fact the sentence is not legal, the defendant should be given the opportunity to withdraw the p lea when later challenging the legality of the s entence." Forbert v. State, 4 37 So. 2d 1079, 1081 (Fla. 1983). As the State concedes, Donaldson alleged a facially suf ficient claim that is not conclusively refuted by the record. See Davis v. State, 15 So. 3d 770, 772 (Fla. 2d DCA 2009). Therefore, we reverse the summary denial of this cl aim and remand for an evidentiary hearing.

Affirmed in part, reversed in part, and remanded.

VILLANTI, WALLACE, and SLEET, JJ., Concur.

1 Section 958.045 has since been amended to remove this limitatio n on sentencing. See ch. 06-270, § 1, at 2842, Laws of Fla.