
    John SANKEY, Appellant, v. The STATE of Florida, Appellee.
    No. 75-1417.
    District Court of Appeal of Florida, Third District.
    Feb. 6, 1976.
    Phillip A. Hubbart, Public Defender, and Paul Morris, Asst. Public Defender, for appellant.
    Robert L. Shevin, Atty. Gen., and J. Robert Olian, Asst. Atty., for appellee.
    Before BARKDULL, C. J., and HEN-DRY and HAVERFIELD, JJ.
   PER CURIAM.

The State having confessed error in that the evidence adduced in the trial court was insufficient to convict the appellant of a felony, the final judgment and sentence under review be and the same is hereby reversed and the cause is remanded to the trial court for the entry of a judgment and sentence upon a conviction for a second degree misdemeanor, as provided in § 832.-05(2), Fla.Stat.

Because the appellant was originally sentenced as a convicted felon, he has already served more time than the maximum provided for in the above section. Therefore, no petition for rehearing will be permitted to this opinion and the mandate will issue forthwith.  