
    James R. PITTS, Appellant, v. STATE of Florida, Appellee.
    No. 1D00-4544.
    District Court of Appeal of Florida, First District.
    April 16, 2002.
    Nancy Daniels, Public Defender, and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.
    Robert A. Butterworth, Attorney General, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellee.
   PER CURIAM.

The appellant was sentenced to a five year term of imprisonment followed by a five year period of probation for the third degree felony to which he pled in this case. His conviction is affirmed. However, because his sentence exceeds the applicable five year statutory maximum under section 775.082(3)(d), Fla. Stat., the sentence is vacated and the case is remanded for re-sentencing.

ALLEN, C.J., BENTON and PADOVANO, JJ., concur.  