JOHN GIBSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed summary denial of motion to correct illegal sentence, holding that the date of offense, not date of sentencing, determines which sentencing guidelines apply to a challenge under Rule 3.800(a).
The date of offense, not the date of sentencing, is the relevant date for determining which sentencing guidelines apply to a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a).
[1] The date of offense, rather than the date of sentencing, is the relevant date for determining which sentencing guidelines apply to a motion to correct illegal sentence un…
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Join FLexlaw to unlock all legal intelligenceGibson was sentenced on March 19, 1998, for an offense he alleged occurred on February 24, 1996. The trial court denied his motion to correct illegal …
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PER CURIAM.
John Gibson appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Gibson was sentenced on March 19, 1998, for an offense he alleges occurred on February 24, 1996. The trial court denied the motion, relying on our decision in Heggs v. State, 718 So. 2d 263 (Fla. 2d DCA 1998), that suggested the relevant window to challenge the 1995 sentencing guidelines was determined by the date of sentencing. Because it is now clear that the date of offense is the relevant date, we reverse and remand .for further consideration of this motion. See Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000).
We remand for the trial court to determine whether Gibson in fact committed his offense within the Heggs window and, if so, whether his sentence could not have been imposed under the 1994 guidelines without a departure. If the answers to both of these questions are affirmative, then Gibson must be resentenced in accordance with the valid guidelines in existence at the time he committed his offenses. If the court enters an order declaring resentencing unnecessary, it should attach all documents necessary to reach that conclusion. See Smith.
Reversed and remanded for further proceedings in accordance with this opinion.
' PARKER, A.C.J., and ALTENBERND and DAVIS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000)
- Heggs v. State, 718 So. 2d 263 (Fla. 2d DCA 1998)