Rucker v. State (553 So. 2d 212, 1989)

PER CURIAM.

The appellant was found guilty of armed robbery. The judgment indicates incorrectly that this is a life felony when it is, in fact, a first degree felony. § 812.13(1), (2)(a), Fla.Stat. (1989). We remand for correction of this and of the 450 year sentence imposed. Section 775.082(3)(b), Florida Statutes (1987), provides that the penalty for a felony of the first degree is “a term of imprisonment not exceeding 30 years or, when specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment.” Thus, the sentence imposed upon remand should be for a sentence not exceeding life or a sentence not exceeding 30 years. See Golden v. State, 509 So.2d 1149, 1152 n. 1 (Fla. 1st DCA 1987).

The state concedes that the court erred in assessing costs without announcing the same in open court. Mays v. State, 519 So.2d 618 (Fla.1988). We remand for a hearing. Ivey v. State, 519 So.2d 648 (Fla. 4th DCA 1988).

We find no error in any of the other points on appeal.

AFFIRMED IN PART; REVERSED IN PART.

DOWNEY, LETTS and POLEN, JJ„ concur.