
    Samuel Turner ALLEN a/k/a Samuel Allen Turner, Appellant, v. STATE of Florida, Appellee.
    No. 88-02726.
    District Court of Appeal of Florida, Second District.
    Aug. 22, 1990.
    
      James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Assistant Public Defender, Clearwater, for appellant.
    Robert A. Butterworth, Atty. Gen., Tallahassee, and Donna A. Provonsha, Asst. Atty. Gen., Tampa, for appellee.
   PER CURIAM.

We affirm the defendant’s conviction of robbery with a weapon pursuant to Section 812.13(2)(b), Florida Statutes (1987). We set aside the forty-year sentence imposed as it exceeds the statutory maximum, even though it is within the sentencing guidelines range. The maximum sentence for this crime is thirty years. § 775.082(3)(b), Fla.Stat. (1987).

On the record before us, we note that the defendant was not sentenced as an habitual offender. Therefore, the sentence is reversed and the cause remanded for resen-tencing to thirty years’ imprisonment. The defendant does not have to be present at such resentencing.

SCHOONOVER, C.J., and SCHEB and CAMPBELL, JJ., concur.  