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WHITEHEAD v. STATE

No. 96-473.

685 So.2d 894 (1996)

Christopher WHITEHEAD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 19, 1996.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and M.A. Lucas, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and E. Paul Stanley, Assistant Attorney General, Daytona Beach, for Appellee.

W. SHARP, Judge.

Whitehead appeals from his sentence imposed after entering into a plea agreement with the state. The state concedes that the sentence he received of six months probation for reckless driving1 was illegal. Section 316.192(2)(a) provides:

Any person convicted of reckless driving shall be punished: (a) upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25.00...

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