Espinoza v. State

Pedro Pablo Espinoza appeals two orders denying his motion to correct illegal sentence made pursuant to Rule 3.800(b), Fla. R.Crim. P. For the reasons which *380follow, we reverse and remand for re-sentencing.

Espinoza was found guilty in 1997 after a jury trial on two counts of sexual battery by physical force likely to cause serious personal injury, kidnaping and trespass. The date of his commission of these offenses was October 8, 1995. During his sentencing hearing on August 21,1997, the 1995 guidelines scoresheet was utilized. It scored Espinoza to a sentencing range of 334.05 to 556.75 •…