LEON BRIGHT v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA LEON BRIGHT, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D05-5611 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed September 5, 2006. An appeal from the Circuit Court for Duval County. Peter L. Dearing, Judge. Nancy A. Daniels, Public Defender, and M.J. Lord, Assistant Public Defender, Tallahassee, for Appellant. Charlie Crist, Attorney General, and Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. We reverse appellant s sentence, because it exceeds the five-year statutory maximum for a third-degree felony, and remand for resentencing. See Ashley v. State, 850 So. 2d 1265 (Fla. 2003); White v. State, 892 So. 2d 541 (Fla. 1st DCA 2005). REVERSE and REMAND for further consistent proceedings. ERVIN, WEBSTER, and HAWKES, JJ., CONCUR. 2

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