MARION HEFLIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1992-03-06
No. 92-00455
SCHOONOVER, C.J., and HALL and THREADGILL, JJ., concur.
595 So. 2d 1018 Florida District Court of Appeal, Second District (1992) Positive Treatment
Cited by 5 cases
Topics
Vacated Conviction Unconstitutional Statute Resentencing Fundamental Error

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Opinion of the Court
PER CURIAM.

[*1019] PER CURIAM.

Marion Heflin appeals the summary denial of her motion to correct sentence. We reverse.

Heflin was convicted in 1986 of multiple offenses including “keeping a house of ill fame.” § 796.01, Fla.Stat. (1989). She is presently imprisoned for violating the probationary portion of the split sentence she received at that time.

The “house of ill fame” statute has been declared unconstitutional on its face. Warren v. State, 572 So. 2d 1376 (Fla.1991). As a result Heflin’s convictions constitute fundamental error and should be vacated. Bell v. State, 585 So. 2d 1125 (Fla. 2d DCA 1991). Since her sentencing guideline scoresheet included points for this offense, she also must be resentenced on the remaining charges.

Reversed.

SCHOONOVER, C.J., and HALL and THREADGILL, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Williams v. State, 651 So. 2d 1291 (Fla. 2d DCA 1995)
    …ng facility” provision in section 893.13(l)(i) was declared unconstitutionally void for vagueness. Brown v. State, 629 So. 2d 841 (Fla.1994). As a result, Williams’ conviction constitutes fundamental error and should be vacated. See Heflin v. State, 595 So. 2d 1018 (Fla. 2d DCA 1992); Bell v. State, 585 So. 2d 1125 (Fla. 2d DCA 1991). However, section 924.34 requires that we direct the trial court to enter judgment for the lesser included offense of possession of cannabis with intent to sell, purchase, manufac…
  • Lawrence v. State, 918 So. 2d 368 (Fla. 3d DCA 2005)
    …, application of a facially unconstitutional statute is fundamental error which may be raised at any time. Id. at 1126-27; Trushin v. State, 425 So. 2d 1126, 1129-30 (Fla.1983); Williams v. State, 651 So. 2d 1291 (Fla. 2d DCA 1995); Heflin v. State, 595 So. 2d 1018 (Fla. 2d DCA 1992). In Williams, like here, the defendant pled guilty to violating a statute that was later declared unconstitutionally void. He filed a motion to correct illegal sentence, and the appellate court stated that, because the statute w…
  • Young v. State, 629 So. 2d 1116 (Fla. 5th DCA 1994)
    …mand this cause to the trial court with directions to Young to refile his motion within 60 days of issuance of the mandate in this case, which motion should be deemed timely if so filed, and for further proceedings thereon. See, e.g., Bell v. State, 595 So. 2d 1018 (Fla. 2d DCA 1992). Order VACATED; cause REMANDED. DAUKSCH, PETERSON and DIAMANTIS, JJ., concur.…

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