AKINS v. STATE (2002)

District Court of Appeal of Florida,Third District.

Ronald L. AKINS, Appellant, v. The STATE of Florida, Appellee.

No. 3D01-2027.

Decided: May 08, 2002

Before JORGENSON, SHEVIN and SORONDO, JJ.

Bennett H. Brummer, Public Defender, and Andrew Stanton, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General, and Marni A. Bryson, Assistant Attorney General, for appellee.

CONFESSION OF ERROR

The state correctly concedes that the trial court's sentence of ten years incarceration on each count of the information, to run concurrently, exceeded the statutorily permissible maximum. Each count charged in this case is a third degree felony punishable by a maximum of five years in state prison. Accordingly, we reverse defendant's sentence and remand for re-sentencing. Defendant will be present and represented by counsel at his resentencing.

Reversed and remanded with instructions.

PER CURIAM.

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