JAMES PAUL SPACCO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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COBB, J.
Defendant, James Paul Spacco, appeals the summary denial of his Rule 3.850 motion. He claims that he is entitled to be resentenced because the trial court applied the 1995 sentencing guidelines, which the Florida Supreme Court determined were unconstitutional in Heggs v. State, 759 So. 2d 620 (Fla.2000). The trial court denied defendant’s motion because his offenses were committed outside the window period. However, the trial court did not have the benefit of Trapp v. State, 760 So. 2d 924 (Fla.2000), in which the supreme court held that the applicable window period was October 1, 1995 through May 24, 1997. Defendant’s offense was committed within that time period and he alleges that he was adversely affected. Therefore, we reverse the trial court’s order. On remand, since the sentence was the result of a negotiated plea, the state shall have the option of agreeing to a sentence under the 1994 guidelines, or withdrawing from the plea bargain and taking defendant to trial. See Parker v. State, 25 Fla. L. Weekly D1465, — So. 2d-, 2000 WL 1144594 (Fla. 5th DCA Aug. 11, 2000).
REVERSED AND REMANDED.
HARRIS and SAWAYA, JJ. concur.
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Jenkins v. State, 771 So. 2d 37 (Fla. 4th DCA 2000)…er rule 3.850, and providing that if defendant is able to prove entitlement to mid guidelines sentence, then state must be given opportunity either to go to trial or agree to defendant’s resentencing under 1994 scoresheet); see also Spacco v. State, 762 So. 2d 597 (Fla. 5th DCA 2000) (reversing order denying rule 3.850 motion and providing, because sentence was result of negotiated plea, that state has option on remand of agreeing to sentence under 1994 guidelines or withdrawing from plea bargain and taking d…
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Buckingham v. State, 771 So. 2d 1206 (Fla. 2d DCA 2000)…the State shall have the option of agreeing to a bottom of the guidelines sentence under the 1994 guidelines, or withdrawing from the plea bargain and taking appellant to trial. See Gibson v. State, 772 So. 2d 35 (Fla. 2d DCA 2000); Spacco v. State, 762 So. 2d 597 (Fla. 5th DCA 2000). Sentence vacated; remanded with directions. SALCINES, J., Concurs. PARKER, J., Concurs specially.…
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Vareia v. State, 777 So. 2d 1168 (Fla. 3d DCA 2001)…ing to a guidelines sentence under the 1994 guidelines, or withdrawing from the plea bargain and taking Vareia to trial. See Buckingham v. State, 771 So. 2d 1206 (Fla. 2d DCA 2000); Gibson v. State, 772 So. 2d 35 (Fla. 2d DCA 2000); Spacco v. State, 762 So. 2d 597 (Fla. 5th DCA 2000). Reversed and remanded.…
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- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Xzavier Trapp v. State, 760 So. 2d 924 (Fla. 2000)