
    Kathryn K. GLASS, Appellant, v. STATE of Florida, Appellee.
    No. HH-56.
    District Court of Appeal of Florida, First District.
    Feb. 28, 1978.
    On Rehearing April 21, 1978.
    Jason M. Chapnick, Gainesville, for appellant.
    Robert L. Shevin, Atty. Gen., and Charles W. Musgrove, Asst. Atty. Gen., for appellee.
   PER CURIAM.

Appellant’s sentence for possession of more than five grams of cannabis — five years imprisonment suspended after two years and followed by five years probation — exceeded the maximum allowable penalty for that offense. Section 775.-082(3)(d), Florida Statutes (1975). The cause is thus remanded for correction of the sentencing error. See footnote 4, Noble v. State, 353 So.2d 819 (Fla.1977). Appellant’s other points are without merit.

ON REHEARING GRANTED

PER CURIAM.

The Appellant petitions for a rehearing urging that our opinion should have required that a different judge resentence her, citing Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971).

The Supreme Court in reversing the New York Court directed that should the Court upon remand require specific performance of the plea agreement, a different judge should resentence the defendant.

Our opinion affirmed the proceedings in the trial court except the sentence exceeding the maximum sentence provided by law.

Santobello dictates a different judge should resentence the defendant in this case.

McCORD, C. J., BOYER, J., and McLANE, RALPH M., Associate Judge, concur.  