
    Charles L. BRYANT, Petitioner, v. The STATE of Florida, Respondent.
    No. 3D02-3366.
    District Court of Appeal of Florida, Third District.
    Dec. 24, 2003.
    Bennett H. Brummer, Public Defendant, and Valerie Jonas, Assistant Public Defender, for petitioner.
    
      Charles J. Crist, Jr., Attorney General, and Marni A. Bryson, Assistant Attorney General, for respondent.
    Before SCHWARTZ, C.J., and COPE and GODERICH, JJ.
   Confession of Error

PER CURIAM.

Charles L. Bryant has filed a petition for writ of mandamus, which requests enforcement of the mandate on remand from Bryant v. State, 793 So.2d 906 (Fla.2001). See Philip J. Padovano, Florida Appellate Practice § 18.10, at 282 n. 2 (2003). As the State concedes, defendant-movant Bryant is entitled to a new sentencing hearing in the trial court, with the assistance of counsel. If the trial court again elects to impose a departure sentence, the defendant may challenge the departure reasons on appeal from the new sentencing order, if there is a viable legal basis to do so.

Petition granted.  