Cole v. State
Cole v. State
830 So. 2d 276; 2002 Fla. App. LEXIS 17132; 2002 WL 31557216
(Southern Reporter, Second Series)
Cole v. State
Opinion of the Court
Defendant Everton Cole appeals from an order denying his motion to correct an unlawful sentence pursuant to Florida Rule of Criminal Procedure 3.800. We reverse and remand for resentencing, as this case is controlled by and indistinguishable from Espinoza v. State, 821 So.2d 379, 383 (Fla. 3d DCA 2002)(holding that βthe trial court abused its discretion in imposing an upward departure sentence at the Heggs re-sentencing hearing after it had initially declined to impose such a sentence at the original sentencing hearing.β).
REVERSED AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.