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KEMBYRD v. STATE

No. 97-3498.

709 So.2d 196 (1998)

Erik KEMBYRD, a/k/a Vincent Shavers, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 6, 1998.

Attorney(s) appearing for the Case

Erik Kembyrd, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.

PER CURIAM.

As the State correctly concedes, the 10.63 year sentence imposed for Count Five, in connection with the charge of possession of burglary tools, exceeds the statutory maximum. Possession of burglary tools is a felony of the third degree, punishable by a term of imprisonment not exceeding five years. See §§ 810.06 and 775.082(3)(d), Fla. Stat. (1993). Accordingly, in view of the fact that the defendant...

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