Luna v. State (775 So. 2d 1021, 2001)

Confession of Error

PER CURIAM.

Jorge Daniel Luna appeals an order denying his motion to correct illegal sentence. The State concedes that the appellant is within the window period for Heggs v. State, 759 So.2d 620 (Fla.2000), and that the sentence imposed on him under the 1995 sentencing guidelines exceeds that which could have been imposed under the 1994 guidelines without a departure. See id. at 627. The appellant is entitled to be resentenced.

Reversed and remanded for resentenc-ing.