
    Gregory HALUSKA, Appellant, v. STATE of Florida, Appellee.
    No. 92-1797.
    District Court of Appeal of Florida, Fifth District.
    March 5, 1993.
    James B. Gibson, Public Defender, and ■ M.A. Lucas, Asst. Public Defender, Dayto-na Beach, for appellant.
    No appearance for appellee.
   PER CURIAM.

For the offense of driving while license suspended, the defendant was sentenced to 364 days in county jail under section 322.-34(1), Florida Statutes (1991). That offense is a second degree misdemeanor which, under section 775.082(4)(b), Florida Statutes (1991), is punishable by a term of imprisonment not to exceed 60 days. Neither the defendant’s list of prior convictions nor the guidelines scoresheet discloses a prior conviction for driving with a suspended license. In the absence of evidence of record showing this was a second offense, the sentence exceeds the statutory maximum for a first offense. Therefore that sentence is vacated and the cause remanded for a new sentence within the statutory maximum.

The.other issues on appeal are without merit and are affirmed.

SENTENCE VACATED; CAUSE REMANDED.

PETERSON and GRIFFIN, JJ., COWART, Judge, Retired, concur.  