Robert Covington appeals the summary denial of his motion for post conviction relief. The facts and procedural history of this case are complex and hopefully unique. For reasons conceded in a brief filed by the State in Mr. Covington’s direct appeal, we conclude that the 15-year sentence imposed in case number 90-447
must be vacated. A guidelines sentence of 5 years’ imprisonment in companion case 90-14453 is unaffected by this appeal. On remand, the sentence imposed in case 90-447 must be within the permitted range of the guidelines and the combined sentences in cases 90-14453 and 90-447 shall not exceed 5% years. This opinion does not affect the 30-year habitual felony offender sentence imposed in case 91-9719.
Affirmed in part, reversed in part, and remanded for resentencing.
DANAHY, A.C.J., and ALTENBERND and BLUE, JJ., concur.