ALBERTO PEREZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Unconstitutional Sentencing Guidelines cases and more on FLexlaw
Perez appeals from a summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In his motion, he alleged that he was sentenced under the 1995 unconstitutional sentencing guidelines to 111 months, for an offense committed on November 22, 1996, and that he is entitled to relief under Heggs v. State, 759 So. 2d 620 (Fla.2000). He alleges that under the 1994 guidelines, his maximum guideline sentence, without a departure, would be 92.5 months.
The trial court denied relief based on the window period stated in Bortel v. State, 743 So. 2d 595 (Fla. 4th DCA 1999). The state acknowledges that in Trapp v. State, 760 So. 2d 924 (Fla.2000), the Florida Supreme Court has since adopted a longer window period which extends to May 24, 1997. Thus, it agrees that the case should be remanded for the trial court to determine whether Perez is entitled to relief.
REVERSED and REMANDED.
THOMPSON, C.J., and GRIFFIN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Johnson v. State, 778 So. 2d 1074 (Fla. 5th DCA 2001)…e, 743 So. 2d 595 (Fla. 4th DCA 1999). The trial court did not have the benefit of Trapp. We therefore reverse the order denying relief, and remand the case for the trial court to reconsider the 3.800(a) motion in light of Trapp. See Perez v. State, 762 So. 2d 598 (Fla. 5th DCA 2000). REVERSED and REMANDED. SHARP, W., and GRIFFIN, JJ., concur.…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Xzavier Trapp v. State, 760 So. 2d 924 (Fla. 2000)
- Bortel v. State, 743 So. 2d 595 (Fla. 4th DCA 1999)