Julio Rolon v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2004 JULIO ENRIQUE ROLON, Appellant, CASE NO. 5D03-3371 v. STATE OF FLORIDA, Appellee. ___________________________________/ Opinion filed August 27, 2004 Appeal from the Circuit Court for Orange County, Reginald Whitehead, Judge. James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. The State concedes that the appellant, Julio Rolon, should have been resentenced under Heggs1 for attempted second degree murder as a level 8 offense, rather than as a level 10 offense. Accordingly, we reverse and remand for resentencing. REVERSED and REMANDED. THOMPSON, PLEUS and MONACO, JJ., concur. 1 Heggs v. State, 759 So. 2d 620 (Fla. 2000). 2

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