Opinion
No. 3D00-232.
December 27, 2000.
An appeal conducted pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), from the Circuit Court for Miami-Dade County, Ellen L. Leesfield, Judge.
Anthony Bryant, in proper person.
Robert A. Butterworth, Attorney General, for appellee.
Before SCHWARTZ, C.J., and SHEVIN and SORONDO, JJ.
In this proceeding under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel correctly asserts that the sentence on count 2 exceeds the legal maximum set forth in section 775.084(4)(c)3, Florida Statutes (1997). Accordingly, we reverse the sentence on count two and remand with directions to impose a lawful sentence. Defendant need not be present at resentencing. The conviction and sentence on count one and conviction on count two are affirmed.
Convictions affirmed; sentence affirmed in part, reversed in part; and cause remanded.