
    Eduardo TOSCO, Appellant, v. STATE of Florida, Appellee.
    No. 96-2670.
    District Court of Appeal of Florida, Third District.
    Jan. 22, 1997.
    Elena C. Tauler, Miami, for appellant.
    Robert A Butterworth, Attorney General and Wanda Raiford, Assistant Attorney General, for appellee.
    Before COPE, GODERICH and SHEVIN, JJ.
   PER CURIAM.

Eduardo Tosco petitions for a writ of habe-as corpus asserting that his appellate counsel was ineffective in this court’s appeal numbers 93-1044 and 93-1059. The State concedes that petitioner-defendant’s sentence exceeds the legal maximum in circuit court case number 91-8446 and in count one of circuit court ease number 91-9721. We grant the petition as to these two sentences and remand for resentencing. Defendant need not be present at resentencing.

We find no merit with respect to the remainder of the petition.

Petition granted in part, denied in part.  