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DAVEY v. STATE

No. 97-3384.

718 So.2d 235 (1998)

Thomas DAVEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 19, 1998.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Georgina Jimenez-Orosa and Don M. Rogers, Assistant Attorneys General, West Palm Beach, for appellee.

PER CURIAM.

We affirm appellant's conviction for the charge of resisting arrest with violence. Appellant was sentenced to forty months in state prison, followed by three years probation. This sentence exceeded the five-year statutory maximum by sixteen months. Accordingly, such a sentence is illegal. See Harriel v. State, 710 So.2d 102 (Fla. 4th DCA 1998).

The State concedes, and we agree that this case must be remanded...

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