Eugene Burney challenges the trial court’s denial of his rule 3.800 motion wherein he argued that his 45 year sentence is illegal. We remand for resentenc-ing as the state agrees'that the 45 year sentence exceeds the 40 year maximum sentence permitted by statute for the offense of second degree murder. See Farmer v. State, 672 So.2d 639 (Fla. 5th DCA 1996); Wright v. State, 600 So.2d 11 (Fla. 4th DCA 1992).