MORALES V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 ORLANDO LUIS MORALES, ** Appellant, ** vs. ** ** THE STATE OF FLORIDA, Appellee. CASE NOS. 3D00-993, 3D01-509 LOWER TRIBUNAL NO. 99-23447 ** Opinion filed September 26, 2001. An Appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Miami-Dade County, Dennis J. Murphy, Judge. Bennett H. Brummer, Public Defender Assistant Public Defender, for appellant. and Harvey Sepler, Robert A. Butterworth, Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee. Before JORGENSON, GODERICH and SORONDO, JJ. PER CURIAM. Orlando Luis Morales, defendant, appeals the summary denial of his Motion to Correct Illegal Sentence. The defendant was convicted for possession of cocaine, a third degree felony, and sale of cocaine within 1000 feet of a school, a first degree felony. The trial court imprisonment on each count. sentenced defendant to ten years The sentences were run concurrent to one another. Defendant argues, and the state concedes, that the ten year sanction for count 1, a third degree felony, exceeds the five year statutory maximum. § 775.082(3)(d), Fla. Stat. (1999). We agree. Accordingly, the sentencing order for count 1 is reversed. This cause is remanded for the imposition of a five year state prison sentence on count 1 of the Information. present for resentencing. Defendant need not be The decision of the lower court is affirmed in all other respects. Affirmed in part, reversed in part, and remanded for resentencing on count 1. - 2 -

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