LEONARD E. DORSEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Leonard E. Dorsey appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Dorsey alleged that the 1995 sentencing guidelines were unconstitutional, and that his sentence would be shorter under the 1994 guidelines. The trial court denied the motion as premature. We reverse and remand for further consideration of this motion. See Heggs v. State, 759 So. 2d 620 (Fla.2000).
We remand for the trial court to determine whether Dorsey in fact, committed his offense within the Heggs window and, if so, whether his sentence could not have been imposed under the 199.4 guidelines without a departure. If the answers to both of these questions are affirmative, then Dorsey 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 v. State, 761 So. 2d 419 (Fla. 2d DCA 2000).
Reversed and remanded.
PARKER, A.C.J., and WHATLEY and CASANUEVA, JJ., Concur.
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Johnson v. State, 973 So. 2d 1236 (Fla. 1st DCA 2008)…v. P. 1.540(b) (2007), because the mere passage of time cannot make a void judgment valid, a motion to vacate a judgment as void may “reasonably” be filed many years after the judgment was entered. See M.L. Builders, Inc. v. Reserve Developers, LLP, 769 So. 2d 1079, 1082 (Fla. 4th DCA 2000) (citing Ramagli Realty Co. v. Craver, 121 So. 2d 648, 654 (Fla.1960)). See also DeClaire v. Yohanan, 453 So. 2d 375, 379 (Fla.1984) (stating that no time limitation exists for a motion filed under rule 1.540(b) to vacate a…
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- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000)