
    Howard MANCIPE, Appellant, v. STATE of Florida, Appellee.
    No. 4D10-3484.
    District Court of Appeal of Florida, Fourth District.
    Sept. 16, 2010.
    Richard P. Lawson of Gardner, Brewer, Martinez-Monfort, P.A., Tampa, for appellant.
    Bill McCollum, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for ap-pellee.
   PER CURIAM.

The trial court’s order denying appellant’s Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence is reversed. Under section 948.03(5), Florida Statutes (1993), the one-year term of incarceration is illegal as a period of incarceration imposed as a condition of community control “shall not exceed 364 days.” The illegal sentence in this case is not moot. See 8 U.S.C. § 1101(a)(43)(F); 8 U.S.C. § 1101(a)(43)(G). The trial court shall correct the community control and probation orders accordingly.

Reversed and Remanded.

STEVENSON, DAMOORGIAN and GERBER, JJ., concur.  