
    Charles SHOATS, Appellant, v. The STATE of Florida, Appellee.
    No. 81-1877.
    District Court of Appeal of Florida, Third District.
    Oct. 13, 1981.
    Charles Shoats, in pro. per.
    Jim Smith, Atty. Gen., for appellee.
    Before HENDRY, BASKIN and FERGUSON, JJ.
   BASKIN, Judge.

In his appeal from the trial court’s denial of a motion filed pursuant to Florida Rule of Criminal Procedure 3.850, defendant Charles Shoats correctly maintains that the sentence he received for the offense of burglary of structure, charged in Count I of the Information in Case No. 79-21237, exceeds the maximum and improperly imposes a mandatory minimum. We agree and correct the sentence by reducing the term of confinement in the state penitentiary to the lawful maximum of five years, concurrent with the sentence imposed in Case No. 80-11865, and vacate the mandatory minimum imposed in Count I of Case No. 79-21237. In all other respects, the conviction and the sentence are affirmed.

Conviction affirmed, sentence affirmed as corrected.  