
    Darrell WILCOX, Appellant, v. The STATE of Florida, Appellee.
    No. 91-753.
    District Court of Appeal of Florida, Third District.
    Sept. 17, 1991.
    Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.
    Robert A. Butterworth, Atty. Gen., and Michael J. Neimand and Alphonso S. Milli-gan, Asst. Attys. Gen., for appellee.
    Before NESBITT, COPE and GERSTEN, ' JJ.
   CONFESSION OF ERROR

PER CURIAM.

Appellant, Darrell Wilcox, was convicted of trespass, battery on a law enforcement officer, and resisting an officer with violence. Appellant was sentenced to five and one-half years for the battery on a law enforcement officer. We reverse and remand.

Appellant contends, and the State concedes, that it was fundamental error to sentence appellant to five and one-half years for battery on a law enforcement officer. We agree.

Battery on a law enforcement officer is a third degree felony punishable by a maximum of five years in prison. Sections 784.-07, 775.082, Fla.Stat. (1989). “It is undis-putable that an error in sentencing that causes a defendant to be incarcerated or restrained for a greater length of time than the law permits is fundamental.” Gonzalez v. State, 392 So.2d 334 (Fla. 3d DCA 1981).

Accordingly, we reverse and remand for resentencing.  