On March 2,1976, appellant entered a guilty plea to Theft by Receiving Stolen Goods which, pursuant to the terms of a plea agreement, was designated as a misdemeanor of the first degree. Appellant was sentenced to a five year term of probation. He thereafter violated the terms of the probationary order. After a revocation hearing, appellant was sentenced to three to seven years imprisonment. This was an error since the maximum term of imprisonment for a misdemeanor of the first degree is five years. The case is therefore remanded to the lower court for resentencing.

Appellant also contends that he was denied a Gagnon I hearing and a speedy Gagifon II hearing, see Pa.R.Crim.P. 1409. These claims are without merit.