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BARAHONA v. STATE

No. 3D00-3138.

785 So.2d 560 (2001)

Jose Calixto BARAHONA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 21, 2001.

Attorney(s) appearing for the Case

Jose Calixto Barahona, in proper person.

Robert A. Butterworth, Attorney General, and Thomas C. Mielke, Assistant Attorney General, for appellee.

Before LEVY, SHEVIN, and RAMIREZ, JJ.

CONFESSION OF ERROR

PER CURIAM.

Jose Calixto Barahona appeals the summary denial of his motion to correct illegal sentence pursuant to rule 3.800, Florida Rules of Criminal Procedure. We reverse.

Barahona was charged with second degree murder and he entered a guilty plea on November 3, 1997. He was sentenced to 24.8 years imprisonment. The state concedes that Barahona is entitled to resentencing pursuant to Heggs v. State,

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