Opinion
No. 93-215.
September 24, 1993.
Appeal from the Circuit Court for Orange County; John H. Adams, Sr., Judge.
James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.
Appellant's judgment and sentence for attempted sexual battery are affirmed; however, as the state properly acknowledges, the sentence imposed for the offense of lewd act upon a child exceeds the statutory maximum. The sentence is vacated and the cause remanded for resentencing.
COBB and PETERSON, JJ., concur.