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843 So. 2d 348

Rivera v. State

District Court of Appeal of Florida · decided 2003-04-23

Decided 2003-04-23

PER CURIAM.

¶1We reverse the order denying defendant’s motion to correct illegal sentence to the extent that it denies re-sentencing on the third-degree felony convictions. As the state properly concedes, the sentences imposed on those convictions impermissi-bly exceed the maximum sentence of ten years. § 775.084(4)(a), Fla. Stat. (1999). Accordingly, on remand, the court shall re-sentence defendant to ten years on the third degree felony convictions in case nos. 99-35063 and 99-35077. Defendant need not be present for re-sentencing.

¶2Affirmed in part; reversed in part, and remanded.

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