Opinion
No. 3D01-2027.
May 8, 2002.
Appeal from the Circuit Court, Miami-Dade County, Ronald C. Dresnick, J.
Bennett H. Brummer, Public Defender, and Andrew Stanton, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Marni A. Bryson, Assistant Attorney General, for appellee.
Before JORGENSON, SHEVIN and SORONDO, JJ.
CONFESSION OF ERROR
The state correctly concedes that the trial court's sentence of ten years incarceration on each count of the information, to run concurrently, exceeded the statutorily permissible maximum. Each count charged in this case is a third degree felony punishable by a maximum of five years in state prison. Accordingly, we reverse defendant's sentence and remand for re-sentencing. Defendant will be present and represented by counsel at his re-sentencing.
Reversed and remanded with instructions.