Cole v. State
830 So. 2d 276, 2002 Fla. App. LEXIS 17132, 2002 WL 31557216
Procedural entryThis page is a short order in Cole v. State. Read the opinion of the Court — 2004 Fla. App. LEXIS 1797 →
Opinion
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 “the 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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Cole v. State, 830 So. 2d 276, 2002 Fla. App. LEXIS 17132, 2002 WL 31557216 (Fla. Ct. App. 2002).
830 So. 2d 276 (Cole v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Espinoza v. State
821 So. 2d 379 (District Court of Appeal of Florida, 2002)