Opinion
No. 5D10-1065.
December 30, 2010.
Appeal from the Circuit Court for Lake County, G. Richard Singeltary, Judge.
James S. Purdy, Public Defender, and Revin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant.
Bill McCollum, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
We affirm as to all points raised by Appellant for the reasons stated by Appellee. We note one error on the face of the record that necessitates correction. Appellant was sentenced to eleven months and twenty-nine days on count 3, a second-degree misdemeanor, which exceeds the statutory maximum for that offense. We therefore reverse the sentence on that count and remand for the imposition of a sixty-day sentence. § 775.082(4)(b), Fla. Stat. (2009). Appellant need not be present when the new sentence is imposed.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
PALMER, TORPY and JACOBUS, JJ., concur.