Opinion
No. 2D98-2825
Opinion filed February 18, 2000.
Appeal from the Circuit Court for Pinellas County; Nelly N. Khouzam, Judge.
James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.
Darren Lee Girard challenges the habitual offender sentences imposed on twelve third-degree felony counts. He correctly claims that the thirty-year terms exceed the maximum habitual offender sentence allowed for a third-degree felony. See § 775.084(4)(a)3, Fla. Stat. (1995).
Accordingly, we reverse the sentences imposed on the third-degree felony counts and remand with directions to the trial court to correct the sentences to reflect the maximum habitual offender sentences, to-wit, ten years. Girard's presence is not required for this correction.
BLUE, A.C.J., and FULMER and DAVIS, JJ., Concur.