EDWARD SMITH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Upon the state’s confession of error, with which we agree, the order denying the defendant’s motion to correct an illegal sentence, filed pursuant to Fla.R.Crim.P. 3.800(a), is reversed and the cause is remanded to the trial court with directions to set aside the defendant Edward Smith’s sentence of twelve-years imprisonment for grand theft, third degree, imposed after declaring the defendant an habitual violent felony offender [§ 775.084(3), (4), Fla.Stat. (1989) ] — and to impose a sentence not to exceed ten-years imprisonment with no eligibility for release for five years, together with appropriate credit for time served. We reach this result because the maximum sentence which may be imposed for a third-degree felony conviction [such as grand theft, third-degree, § 812.014(1), (2)(c), Fla.Stat. (1989), as here], after properly declaring the defendant an habitual violent felony offender is “a term of years not exceeding 10, and such offender shall not be eligible for release for 5 years.” § 775.084(4)(b)(3), Fla.Stat. (1989).
Reversed and remanded.
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Chambers v. State, 656 So. 2d 289 (Fla. 3d DCA 1995)…conviction ... after properly declaring the defendant an habitual violent felony offender is ‘a term of years not exceeding 10, and such offender shall not be eligible for release for 5 years.’ § 775.084(4)(b)(3), Fla. Stat. (1989).” Smith v. State, 625 So. 2d 985, 986 (Fla. 3d DCA 1993). Accordingly, on remand the trial court shall resentence defendant in Case No. 90-15219 to a term of ten years or less. As defendant bargained for a term of seventeen years combined on the two cases, the trial court shall als…