RONALD SPEED, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Sua sponte the court withdraws its opinion of July 5, 2000, and enters the following in its place;
We review the order of the trial court denying appellant’s motion for post-conviction relief alleging his right to be resen-tenced under the 1994 sentencing guidelines.
The Supreme Court of Florida recently held that the operative window period in which to challenge the sentencing guideline provisions amended by Chapter 95-184, Laws of Florida, commenced on October 1, 1995, and ended on May 24, 1997. See Trapp v. State, 760 So. 2d 924 (Fla. 2000). We agree with Judge Altenbernd’s analysis in Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000), on the need to remand such cases for a recalculation of the appellant’s sentences under the 1994 guidelines scoresheet.
Accordingly, we reverse the order denying 3.850 relief and remand for consideration of whether resentencing is required pursuant to Heggs v. State, 759 So. 2d 620 (Fla.2000).
WARNER, C.J., GUNTHER and POLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (26 total)
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Gatto v. State, 768 So. 2d 1169 (Fla. 4th DCA 2000)…e court enters an order declaring that resentencing pursuant to Heggs is unnecessary, it should attach to its order the record documents used to justify that conclusion. See Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000). See also Speed v. State, 764 So. 2d 873 (Fla. 4th DCA 2000); Havard v. State, 762 So. 2d 1065 (Fla. 4th DCA 2000). AFFIRMED IN PART; REVERSED AND REMANDED IN PART. WARNER, C.J., POLEN and SHAHOOD, JJ., concur.…
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Martinez v. State, 770 So. 2d 211 (Fla. 4th DCA 2000)…valid guidelines in existence at the time his offense was committed. See Heggs. If it determines there is no need to resentence him, the trial court shall attach to its order of denial all documents supporting such determination. See Speed v. State, 764 So. 2d 873 (Fla. 4th DCA 2000); Smith; George v. State, 760 So. 2d 293 (Fla. 2d DCA 2000). [*214] Reversed and remanded for proceedings consistent with this opinion. DELL, GUNTHER and STEVENSON, JJ., concur.…
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Booker T. Jones v. State, 765 So. 2d 942 (Fla. 4th DCA 2000)…defendant’s sentences under the 1994 guidelines scoresheet. We reverse the order denying 3.850 relief and remand for consideration of whether resentencing is required pursuant to Heggs v. State, 759 So. 2d 620 (Fla.2000). See also Speed v. State, 764 So. 2d 873 (Fla. 4th DCA 2000). REVERSED AND REMANDED. STEVENSON, SHAHOOD and HAZOURI, JJ., concur.…
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- 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)