Massey v. State

776 So. 2d 1132, 2001 Fla. App. LEXIS 1308, 2001 WL 120147

Opinion

PER CURIAM.

Jermaine 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.

Appellant contends that the trial court erred in classifying armed kidnapping as a Level 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.

Accordingly, 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.