MANZELL ARNOLD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Manzell Arnold appeals the denial of his motion to correct an illegal sentence imposed under the 1995 sentencing guidelines for an offense committed on April 1, 1997. The court reversed, finding Arnold had standing to challenge his sentence under Heggs v. State because his offense was committed within the constitutional window period, and remanded for resentencing under the valid 1994 guidelines.
Arnold had standing to challenge his sentence because his offense was committed on April 1, 1997, which falls within the window period (October 1, 1995 to May 24, 1997) during which the 1995 amendments to the sentencing guidelines were unconstitutional. The trial court erred in denying his motion to correct illegal sentence.
[1] A defendant whose offense was committed on or after October 1, 1995, and before May 24, 1997, has standing to challenge their sentence under the unconstitutional 1995 sen…
[2] If a recommended guidelines sentence exceeds the statutory maximum for offenses committed on or after January 1, 1994, the recommended guidelines sentence must be imposed…
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Join FLexlaw to unlock all legal intelligence“Because Appellant's offense was committed within the window period during which the 1995 amendments to the sentencing guidelines were unconstitutional, we reverse the order denying appellant's motion to correct illegal sentence.”
The court's holding that Arnold's offense fell within the period for which he could challenge the application of the 1995 guidelines.
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Join FLexlaw to unlock all legal intelligenceArnold was sentenced to 276.25 months in prison for an offense committed on April 1, 1997. The trial court applied the 1995 sentencing guidelines in i…
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PER CURIAM.
Manzell Arnold appeals the summary denial of his motion to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, in which he challenged his prison sentence of 276.25 months, claiming that the trial court erred in using the 1995 sentencing guidelines in sentencing him for an offense committed on April 1, 1997, pursuant to Heggs v. State, 759 So. 2d 620 (Fla.2000), alleging that a corrected scoresheet prepared under the 1994 guidelines would produce a sentencing range of 108 to 180 months. He also claimed he could not be sentenced to more than fifteen years for a second degree felony.
The trial court’s denial was based on this court’s opinion in Bortel v. State, 743 So. 2d 595 (Fla. 4th DCA 1999), abrogated by Trapp v. State, 760 So. 2d 924 (Fla.2000), which found that defendants had standing to raise this challenge if their offense was committed on or after October 1, 1995, and before October 1,1996. However, the supreme court has since decided otherwise. See Trapp (holding that those persons with standing to challenge their sentences under Heggs were those whose offenses were committed on or after October 1, 1995, and before May 24, 1997).
Because Appellant’s offense was committed within the window period during which the 1995 amendments to the sentencing guidelines were unconstitutional, we reverse the order denying appellant’s motion to correct illegal sentence. On remand, the trial court shall determine whether resentencing is required. If the trial court determines that Appellant’s sentence could not have been imposed under the 1994 version of the sentencing guidelines without a departure, it shall resen-tence him in accordance with the valid guidelines in existence at the time his offense was committed. See Heggs, 759 So. 2d at. 627. 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 v. State, 761 So. 2d 419 (Fla. 2d DCA 2000); George v. State, 760 So. 2d 293 (Fla. 2d DCA 2000).
We note that if the 1994 guidelines scoresheet produces a sentence that exceeds fifteen years, Appellant is wrong in claiming that his sentence cannot exceed that statutory maximum under section 775.082(3)(c), Florida Statutes (1995). For offenses committed on or after January 1, 1994, if the recommended guidelines sentence exceeds the statutory maximum, the recommended guidelines sentence must be imposed. See § 921.0014(2), Fla. Stat. (1997); Mays v. State, 717 So. 2d 515 (Fla.1998); State v. Myers, 713 So. 2d 1013 (Fla.1998).
Reversed and remanded for further proceedings consistent with this opinion.
GUNTHER, POLEN and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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)
- Mays v. State, 717 So. 2d 515 (Fla. 1998)
- Bortel v. State, 743 So. 2d 595 (Fla. 4th DCA 1999)
- Speed v. State, 764 So. 2d 873 (Fla. 4th DCA 2000)
- State v. Myers, 713 So. 2d 1013 (Fla. 1998)
- Johnson v. State, 760 So. 2d 293 (Fla. 2d DCA 2000)