JOSEPH KEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a sentencing scoresheet not included in the appellate record cannot be considered by the appellate court to support the state's argument.
Joseph Key appealed the denial of his postconviction motion, arguing his sentence was based on unconstitutional amendments to sentencing guidelines. T…
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PER CURIAM.
Joseph Key appeals the denial of his postconviction motion, in which he claimed that his sentence was the product of the 1995 amendments to the sentencing guidelines which were declared unconstitutional in Heggs v. State, 759 So. 2d 620 (Fla.2000). Key’s offense falls within the window period recently established by Trapp v. State, 760 So. 2d 924 (Fla.2000).
The state argues that reversal is not required because Key could have received the same sentence under the 1994 guidelines. It has filed a copy of the appellant’s sentencing guidelines scoresheet to support this argument. However, the score-sheet was not included in the record on appeal and cannot be considered by this court. See Smith v. State, 719 So. 2d 1017 (Fla. 4th DCA 1998); Wheeler v. State, 634 So. 2d 213 (Fla. 4th DCA 1994).
We reverse and remand for the trial court to determine whether resentencing is required. See, Speed v. State, 764 So. 2d 873 (Fla. 4th DCA 2000); Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000).
STEVENSON, TAYLOR and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Suarez v. State, 769 So. 2d 478 (Fla. 5th DCA 2000)…applicable window period, see Trapp v. State, 760 So. 2d 924 (Fla.2000), we agree that Suarez has sufficiently alleged a Heggs claim. We remand for the trial court’s factual determination of whether Suarez is entitled to relief. See Davis v. State, 762 So. 2d 1036 (Fla. 5th DCA 2000) (holding that if the sentence could have been imposed under the 1994 guidelines without an upward departure, the defendant is not entitled to relief; if the sentence would have constituted an upward departure under the 1994 guide…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Xzavier Trapp v. State, 760 So. 2d 924 (Fla. 2000)
- Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000)
- Speed v. State, 764 So. 2d 873 (Fla. 4th DCA 2000)
- Smith v. State, 719 So. 2d 1017 (Fla. 4th DCA 1998)
- Wheeler v. State, 634 So. 2d 213 (Fla. 4th DCA 1994)