TATE v. STATE, 778 So.2d 486 (Fla.App. 3 Dist. 2001)

RUSSELL J. TATE, Appellant, v. THE STATE OF FLORIDA, Appellee.

No. 3D00-2459.District Court of Appeal of Florida, Third District.
Opinion filed February 21, 2001.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2)from the Circuit Court for Miami-Dade County, Alex E. Ferrer, Judge. Lower Tribunal No. 94-26099.

Reversed and Remanded.

Russell J. Tate, in proper person.

Robert A. Butterworth, Attorney General, and Barbara A. Zappi, Assistant Attorney General, for appellee.

Before JORGENSON, GODERICH and SHEVIN, JJ.

PER CURIAM.

Pursuant 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.

Reversed and remanded.