COLE v. STATE

No. 3D02-915.

830 So.2d 276 (2002)

Everton COLE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 20, 2002.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Roy A. Heimlich, Assistant Public Defender, for appellant.

Richard E. Doran, Attorney General, and Michael J. Neimand and Jason Helfant, Assistant Attorneys General, for appellee.

Before JORGENSON, LEVY and GREEN, JJ.


PER CURIAM.

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...

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