WRIGHT v. STATE, 429 So.2d 836 (Fla.App. 3 Dist. 1983)

No. 82-973.District Court of Appeal of Florida, Third District.
April 19, 1983.

Appeal from Circuit Court, Dade County; Morton L. Perry, Judge.

Bennett H. Brummer, Public Defender and Entin, Schwartz, Dion
Sclafani, Miami, and Spencer D. Levine, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Scott Silver, Asst. Atty. Gen., for appellee.

Before BARKDULL, HUBBART and DANIEL S. PEARSON, JJ.

PER CURIAM.

After having revoked the appellant’s probation on two counts of an information charging the commission of third-degree felonies, the trial court sentenced the appellant on each count to a term of ten years, the sentences to run concurrently. The sentences imposed exceeded the five-year maximum allowable by law, see §775.082(3)(d), Fla. Stat. (1981), and are, accordingly, vacated and the cause remanded for resentencing. Since the record reflects that the trial court’s intent was that the appellant receive a ten-year sentence, the trial court may, if it chooses, accomplish that sentencing goal by imposing consecutive five-year sentences. Streeter v. State, 416 So.2d 1203 (Fla. 3d DCA 1982); Herring v. State, 411 So.2d 966 (Fla. 3d DCA 1982).

Sentences vacated and cause remanded for resentencing.