MICHAEL JAMES ACOSTA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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THREADGILL, Acting Chief Judge.
The appellant challenges the revocation of his community control and the sentences imposed thereon for two counts of felony driving under the influence (circuit court case numbers 95-01878 and 96-03448) and one count of failure to appear while released on bail (circuit court case number 97-01022). We affirm, without discussion, the revocation on all counts and the sentence in case number 95-01878, but we remand for reconsideration of the sentences in case numbers 96-03448 and 97-01022. The sentences in case numbers 96-03448 and 97-01022 were imposed pursuant to the 1995 sentencing guidelines. The offenses in those cases were committed on September 28, 1996 and January 15, 1997, 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 sentences in case numbers 96-03448 and 97-01022. See Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000).
Affirmed; remanded.
FULMER and DAVIS, JJ., Concur.
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Citator
Cited By
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NIX v. State, 795 So. 2d 243 (Fla. 5th DCA 2001)…tenced under the unconstitutional 1995 guidelines, Nix would have a valid claim for resentencing as he made the appropriate assertions to come within Heggs. Nix’s allegations sufficiently demonstrate the need for further review. See Begley v. State, 769 So. 2d 1090 (Fla. 2d DCA 2000) (remanding for a determination whether defendant was sentenced as a habitual offender or under the 1995 guidelines; advising that if the 1995 guidelines were used and if defendant’s sentence would have constituted a departure unde…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000)