Bryant v. State

774 So. 2d 824, 2000 Fla. App. LEXIS 16899, 2000 WL 1872569

Opinion

PER CURIAM.

In 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.

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