Tate v. State , 2001 Fla. App. LEXIS 1770 ( 2001 )

PER CURIAM.

Pursuant to the state’s proper confession of error, we reverse the order denying defendant’s motion to correct illegal sentence. Defendant properly asserts that his sentences exceed the five-year statutory maximum sentence for third degree felonies. See § 775.082(3)(d), Fla. Stat. (1993). On remand, the trial court shall resentence defendant within the five-year statutory maximum on each count. The remaining point in defendant’s motion lacks merit.

Reversed and remanded.