Florida District Courts of Appeal, 2001

Massey v. State

Massey v. State
Florida District Courts of Appeal · Decided February 14, 2001 · Browning, Davis, Padovano
776 So. 2d 1132; 2001 Fla. App. LEXIS 1308; 2001 WL 120147 (Southern Reporter, Second Series)

Massey v. State

Opinion of the Court

PER CURIAM.

Jermaine Massey (appellant) appeals a new sentence he received as a result of a successful motion for correction of sentence in which he raised a sentencing error pursuant to Heggs v. State, 759 So.2d 620 (Fla. 2000). We reverse.

Appellant contends that the trial court erred in classifying armed kidnapping as a *1133Level 10 offense. The State concedes that the trial court erred in sentencing appellant and that appellant is entitled to resen-tencing pursuant to the 1994 guidelines.

Accordingly, we REVERSE, and REMAND for a recalculation of the primary offense as a Level 9 offense pursuant to the 1994 guidelines and resentencing in accordance with the new calculation.

DAVIS, PADOVANO and BROWNING, JJ., concur.

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