Adamo v. State

Full title: JOSEPH E. ADAMO, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Jun 8, 2001

786 So. 2d 1231 (Fla. Dist. Ct. App. 2001)

Opinion

No. 2D00-1532.

Opinion filed June 8, 2001.

Appeal pursuant to Fla.R.App.P.9.141(b)(2) from the Circuit Court for Pinellas County; Richard A. Luce, Judge.

Reversed and remanded.

Green, Acting Chief Judge.

Joseph Adamo timely appeals his resentencing pursuant to Heggs v. State, 759 So.2d 620 (Fla. 2000). The trial court imposed an upward departure sentence based on unscored and contested juvenile offenses. The State has conceded error and has agreed that Adamo is entitled to be resentenced within the 1994 sentencing guidelines. See Bryant v. State, 626 So.2d 1062, 1063 (Fla. 2d DCA 1993). We reverse and remand for the trial court to resentence Adamo within the 1994 guidelines.

STRINGER and DAVIS, JJ., Concur.