Opinion
No. 98-2014.
November 4, 1998.
An appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County; Maxine Cohen Lando, Judge.
Juan Lugones, in proper person.
Robert A. Butterworth, Attorney General, and Terri Leon-Benner, Assistant Attorney General, for appellee.
Before COPE, GREEN and FLETCHER, JJ.
As appellant's sentence on count 5 exceeds the legal maximum for a second-degree felony, the order denying appellant's motion to correct illegal sentence is reversed as to that count only and remanded for entry of a sentence within the legal maximum. Appellant need not be present. The trial court's order is affirmed as to counts 1-4.
The sentence was entered in 1992.
Affirmed in part, reversed in part, and remanded for further proceedings consistent herewith.