Opinion
No. 95-3143.
June 12, 1996.
An Appeal from the Circuit Court for Dade County, Richard V. Margolius, Judge.
Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, for appellee.
Before JORGENSON, GODERICH and GREEN, JJ.
Based upon the State's proper confession of error, we reverse the defendant's six-year sentence for tampering with a State's witness and remand with directions to resentence defendant on that count to a sentence not to exceed five years. See §§ 914.22; 775.082 (3)(d), Fla. Stat. (1993) (tampering with a witness constitutes a third-degree felony, punishable by a term of imprisonment not exceeding five years).
Reversed and remanded with directions.