Licor v. State

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).