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776 So. 2d 1132

Massey v. State

District Court of Appeal of Florida

Decided February 14, 2001

District Court of Appeal of Florida · decided 2001-02-14

Relies on Heggs v. State

Decided 2001-02-14

PER CURIAM.

¶1Jermaine 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.

¶2Appellant 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.

¶3Accordingly, 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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