LAWRENCE KELLY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in denying Kelly's motion to correct an illegal sentence based on a statute later found unconstitutional.
Lawrence Kelly was sentenced under the 1995 sentencing guidelines for an offense allegedly occurring in 1996. The trial court denied his motion to cor…
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[*503] PER CURIAM.
Lawrence Kelly appeals the dismissal of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Kelly was sentenced under the 1995 sentencing guidelines for an offense that allegedly occurred on July 21, 1996, within the relevant window to challenge such sentencing. See Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000). The trial court denied relief on the basis that this court in Heggs v. State, 718 So. 2d 263 (Fla. 2d DCA 1998) declined to find that Chapter 95-184, Laws of Florida, violated the single subject rule. We reverse.
The supreme court has now determined that Chapter 95-184, Laws of Florida, does violate the single subject rule. See Heggs v. State, 759 So. 2d 620 (Fla.2000). It appears that Kelly’s offense occurred within the relevant window for challenging sentencing under the 1995 guidelines, and he alleges that his current sentence exceeds the permitted sentencing range under 1994 guidelines.
We accordingly remand for the trial court to determine whether Kelly in fact committed his offenses 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 Kelly must be resen-tenced 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, 761 So. 2d at 420.
Reversed and remanded for further proceedings in accordance with this opinion.
BLUE, A.C.J., and FULMER and CASANUEVA, JJ., Concur.
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State v. Gwenda Jean Lemon, 825 So. 2d 927 (Fla. 2002)…for review the decision in Lemon v. State, 769 So. 2d 417 (Fla. 4th DCA 2000), which expressly and directly conflicts with the decisions in Ray v. State, 772 So. 2d 18 (Fla. 2d DCA 2000), review denied, 791 So. 2d 1100 (Fla.2001), and Kwil v. State, 768 So. 2d 502 (Fla. 2d DCA 2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the reasons set forth below, we quash the Fourth District’s decision in Lemon and approve of the Second District’s decisions in Ray and Kwil. FACTUAL BACKGROUND On Ju…
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State v. Davis, 863 So. 2d 138 (Fla. 2003)…M. We have for review the decision in Davis v. State, 791 So. 2d 1137 (Fla. 4th DCA 2001), which certified conflict with the decisions in Ray v. State, 772 So. 2d 18 (Fla. 2d DCA 2000), review denied, 791 So. 2d 1100 (Fla.2001), and Kwil v. State, 768 So. 2d 502 (Fla. 2d DCA 2000). We have jurisdiction. See Art. V, § 3(b)(4), Fla. Const. We accept jurisdiction in this case, quash the decision of the Fourth District Court of Appeal, and remand for reconsideration in light of our decision in State v. Lemon, 8…
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Davis v. State, 791 So. 2d 1137 (Fla. 4th DCA 2001)…imposed the same 1995 guidelines departure sentence under the 1994 guidelines. See Heggs v. State, 759 So. 2d 620 (Fla.2000); Lemon v. State, 769 So. 2d 417 (Fla. 4th DCA 2000). In Ray v. State, 772 So. 2d 18 (Fla. 2d DCA 2000), and Kwil v. State, 768 So. 2d 502 (Fla. 2d DCA 2000), the Second District found that the defendants were not adversely affected by the unconstitutional amendments to the sentencing guidelines because the records reflected that the trial courts imposed the upward departure sentences…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000)
- Heggs v. State, 718 So. 2d 263 (Fla. 2d DCA 1998)