Opinion
No. 5D98-2215.
Opinion filed October 27, 2000. JULY TERM 2000.
Appeal from the Circuit Court for Volusia County, S. James Foxman, Judge.
James B. Gibson, Public Defender, and Jane C. Almy-Loewinger, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Lori E. Nelson, Assistant Attorney General, Daytona Beach, for Appellee.
Upon remand of this appeal to this court for further consideration based on the Supreme Court of Florida's opinion in Maddox v. State, 760 So.2d 89 (Fla. 2000), we ordered further briefing to determine the merits of the unpreserved sentencing error raised on appeal. The state candidly concedes that the probationary term imposed after violation of probation exceeds the five-year statutory maximum. Accordingly, we vacate the sentence and remand for correction of the sentence.
Sentence VACATED and REMANDED.
SHARP, W., GRIFFIN and PLEUS, JJ., concur.