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778 So. 2d 486

Tate v. State

District Court of Appeal of Florida

Decided February 21, 2001

District Court of Appeal of Florida · decided 2001-02-21

Decided 2001-02-21

PER CURIAM.

¶1Pursuant to the state’s proper confession of error, we reverse the order denying defendant’s motion to correct illegal sentence. Defendant properly asserts that his sentences exceed the five-year statutory maximum sentence for third degree felonies. See § 775.082(3)(d), Fla. Stat. (1993). On remand, the trial court shall resentence defendant within the five-year statutory maximum on each count. The remaining point in defendant’s motion lacks merit.

¶2Reversed and remanded.

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