Opinion
No. 1D03-4662.
May 19, 2005.
An appeal from the Circuit Court for Columbia County. Paul S. Bryan, Judge.
Nancy A. Daniels, Public Defender and A. Victoria Wiggins, Assistant Public Defender, Tallahassee, for Appellant.
Charles J. Crist, Jr., Attorney General and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.
Clarence Williams appeals his habitual offender sentence for battery on a detainee, a third degree felony. See § 784.082(3), Fla. Stat. (2002); § 775.084(4)(a)3, Fla. Stat. (2002). Williams was sentenced to seven years in prison followed by five years of probation, which, as the state correctly concedes, exceeds the ten-year statutory maximum sentence for a third degree felony under the habitual offender statute. See Rodriguez v. State, 766 So.2d 1147 (Fla. 3d DCA 2000); Townsend v. State, 604 So.2d 885 (Fla. 2d DCA 1992). Accordingly, Williams' illegal sentence is reversed and the cause is remanded for resentencing. Williams need not be present for the resentencing.
REVERSED and REMANDED.
WOLF, C.J., VAN NORTWICK and BROWNING, JJ., concur.