Jenkins v. State , 1997 Fla. App. LEXIS 13326 ( 1997 )

CONFESSION OF ERROR

PER CURIAM.

Upon the State’s proper confession of error, we reverse the defendant’s seventeen year sentence for attempted sexual battery with a weapon and direct the trial court to resentence the defendant on that count to a sentence not exceeding fifteen years. See § 777.04(4)(b), Fla. Stat (1987); § 794.011(3), Fla. Stat. (1987). The defendant need not be present at resentencing. See Tosco v. State, 686 So.2d 787 (Fla. 3d DCA 1997).

Reversed and remanded.