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774 So. 2d 824

Bryant v. State

District Court of Appeal of Florida

Decided December 27, 2000

District Court of Appeal of Florida · decided 2000-12-27

Relies on Anders v. California

Decided 2000-12-27

PER CURIAM.

¶1In 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.

¶2Convictions affirmed; sentence affirmed in part, reversed in part; and cause remanded.

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