Opinion
No. 91-3246.
October 23, 1992.
An appeal from the circuit court for Bay County; Clinton Foster, Judge.
Nancy A. Daniels, Public Defender, and Nancy L. Showalter, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., and Laura Rush, Asst. Atty. Gen., Tallahassee, for appellee.
Milton Jones appeals a judgment and sentence adjudicating him guilty of possession of a controlled substance with intent to sell in violation of section 893.13(1)(a)(1), Florida Statutes (1987), and driving with a suspended or revoked license in violation of section 322.34(1), Florida Statutes (1987). The judgment mistakenly lists the possession offense as a first degree felony, when in fact that offense constitutes a second degree felony, and imposes a sentence of 2 1/2 years' incarceration to be followed by 13 years' probation. The state correctly concedes that the sentence imposed exceeds the statutory maximum sentence of 15 years' incarceration. See § 775.082(3)(c), Fla. Stat. (1987). Accordingly, we reverse and remand for correction of the judgment and resentencing.
ERVIN, ZEHMER and BARFIELD, JJ., concur.