CURTIS MONDY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Heggs V. State cases and more on FLexlaw
THREADGILL, Acting Chief Judge.
The appellant was placed on two years’ community control followed by five years’ probation after pleading nolo contendere to one count of sexual battery. He challenges an order revoking his community control and the sentence imposed upon revocation. We affirm the revocation without discussion, but we remand for reconsideration of the sentence.
The appellant’s sentence was imposed pursuant to the 1995 sentencing guidelines. The appellant committed the offense in June 1996, within the window for challenge pursuant to Heggs v. State, 759 So. 2d 620 (Fla.2000). Because the court in Heggs determined that the 1995 sentencing guidelines were unconstitutional, we remand this case to the trial court to reconsider the sentence. See Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000).
GREEN and STRINGER, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Allen v. State, 898 So. 2d 1202 (Fla. 2d DCA 2005)…motion to correct, it improperly directed the Department of Corrections to correct the order. We remand with instructions that the court enter a corrected order of revocation to refer only to condition 24 having been violated. See McCloud v. State, 765 So. 2d 826 (Fla. 2d DCA 2000). The defendant need not be present for this purpose. Boggs v. State, 557 So. 2d 203 (Fla. 2d DCA 1990). Affirmed in part; reversed in part; remanded for entry of a corrected revocation order. FULMER and WALLACE, JJ., Concur.…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000)