Opinion
No. 95-01229.
May 10, 1996. Rehearing Denied September 26, 1996.
Appeal from the Circuit Court for Lee County; William J. Nelson, Judge.
James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Patricia J. Hakes, Assistant Attorney General, Tampa, for Appellee.
The appellant, James Jenkins, challenges the revocation of his probation in this sexual battery case. We find merit only in his contention that the trial court improperly imposed a seventeen-year sentence on his conviction for false imprisonment. Since false imprisonment is a third-degree felony punishable by a maximum of five years' imprisonment, see sections 787.02 (2) and 775.082 (3)(d), Florida Statutes (1991), we remand the instant cause for resentencing as to that offense only. Jenkins' judgments and sentences are otherwise affirmed.
Affirmed in part, reversed in part, and remanded for proceedings consistent with this opinion.
DANAHY, A.C.J., and LAZZARA, J., concur.