NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2003
MIGUEL E. RIVERA, Appellant, vs. THE STATE OF FLORIDA, Appellee.
** ** ** ** ** CASE NO. 3D02-905 LOWER TRIBUNAL NOS. 99-35065, 99-35077, 99-35063, 99-38837
Opinion filed April 23, 2003. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2)from the Circuit Court for Miami-Dade County, Jose M. Rodriguez, Judge. Miguel E. Rivera, in proper person. Charles J. Crist, Jr., Attorney General, and Michael J. Neimand, Assistant Attorney General and Bureau Chief, for appellee. Before COPE, FLETCHER and SHEVIN, JJ. PER CURIAM. We reverse the order denying defendant’s motion to correct illegal sentence to the extent that it denies re-sentencing on
the third-degree felony convictions.
As the state properly
concedes, the sentences imposed on those convictions impermissibly exceed the maximum sentence of ten years. 775.084(4)(a), Fla. Stat. (1999). §
Accordingly, on remand, the
court shall re-sentence defendant to ten years on the third degree felony convictions in case nos. 99-35063 and 99-35077. Defendant need not be present for re-sentencing. Affirmed in part; reversed in part, and remanded.
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