Opinion
Case No. 3D00-2213
Opinion filed October 18, 2000. July Term, A.D. 2000
An Appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County, Ellen L. Leesfield, Judge; Lower Tribunal No. 96-3458.
Mario Licor, in proper person.
Robert A. Butterworth, Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.
Before JORGENSON, COPE, and GODERICH, JJ.
Upon the State's proper confession of error, we vacate the sentence imposed and remand for resentencing under the 1994 guidelines. See Heggs v. State, 759 So.2d 620 (Fla. 2000); State v. Thompson, 750 So.2d 643 (Fla. 1999). In the alternative, the State "should have the opportunity to withdraw from the plea agreement, reinstate the dismissed charge, and proceed to trial on all counts." Gault v. State, 762 So.2d 578, 580 (Fla. 5th DCA 2000).