Florida District Courts of Appeal, 2002

Cole v. State

Cole v. State
Florida District Courts of Appeal · Decided November 20, 2002 · Green, Jorgenson, Levy
830 So. 2d 276; 2002 Fla. App. LEXIS 17132; 2002 WL 31557216 (Southern Reporter, Second Series)

Cole v. State

Opinion of the Court

PER CURIAM.

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 β€œthe 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.”).

REVERSED AND REMANDED.

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