Opinion
No. FF-411.
October 26, 1977.
An Appeal from the Circuit Court for Duval County; Virginia Q. Beverly, Judge.
Michael J. Minerva, Public Defender, and Louis G. Carres, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Michael H. Davidson, Asst. Atty. Gen., for appellee.
The judgment is AFFIRMED. Since the sentence exceeds that allowable for a felony of the second degree, the sentence is VACATED and the case REMANDED for imposition of a proper sentence. Defendant need not be present.
BOYER, Acting C.J., and MILLS and SMITH, JJ., concur.