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775 So. 2d 1021

Luna v. State

District Court of Appeal of Florida

Decided February 7, 2001

District Court of Appeal of Florida · decided 2001-02-07

Relies on Heggs v. State

Decided 2001-02-07

¶1 Confession of Error

PER CURIAM.

¶2Jorge Daniel Luna appeals an order denying his motion to correct illegal sentence. The State concedes that the appellant is within the window period for Heggs v. State, 759 So.2d 620 (Fla.2000), and that the sentence imposed on him under the 1995 sentencing guidelines exceeds that which could have been imposed under the 1994 guidelines without a departure. See id. at 627. The appellant is entitled to be resentenced.

¶3Reversed and remanded for resentenc-ing.

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