TIMMY LINDERMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court erred in denying postconviction relief without attaching the plea agreement or reconsidering the motion in light of Heggs.
Appellant sought postconviction relief, arguing his sentence was illegal because it was based on unconstitutional sentencing guidelines. The trial cou…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Heggs Claim cases and more on FLexlaw
PER CURIAM.
The appellant challenges an order denying his motion seeking postconviction relief pursuant to Florida Rule of Criminal Procedure 3.800(a). The appellant pled nolo contendere to burglary with a weapon and was sentenced to 96 months’ incarceration. In his 3.800(a) motion, he-argued that his guidelines sentence for a crime committed on July 13,1996, is illegal because the 1995 sentencing guidelines were declared unconstitutional in Heggs v. State, 759 So. 2d 620 (Fla.2000).1 Appellant further alleged that under the 1994 guidelines, his sentencing range would have been limited to 45.6 months to 76 months.
The trial court denied the motion because the appellant had been sentenced under a plea agreement to a negotiated term and therefore had not been sentenced pursuant to the sentencing guidelines. However, the trial court did not attach a copy of the plea agreement to the order. The appellant states in his brief that he “entered a plea of nolo contendere to an unspecified guideline sentence.” We are, therefore, unable to verify that the appellant was sentenced to a specific term pursuant to the provisions of a negotiated plea agreement.
We reverse and remand for the trial court to either attach documents conclusively showing that the appellant is entitled no relief, or reconsider the motion pursuant to Heggs v. State, 759 So. 2d 620 (Fla.2000), and Trapp v. State, 760 So. 2d 924 (Fla.2000). REVERSED and REMANDED with directions.
ERVIN, WOLF and PADOVANO, JJ., concur. . The window period in which a defendant's offense must have been committed, for purposes of raising a Heggs claim, runs from October 1, 1995, to May 24, 1997. See Trapp v. State, 760 So. 2d 924, 928 (Fla.2000).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Merrill Mack v. State, 782 So. 2d 520 (Fla. 1st DCA 2001)…that the appellant pled to a negotiated sentence, we reverse and remand. On remand, the trial court is directed to either support its deni [*521] al with record excerpts or resentence the appellant under the 1994 guidelines. See Linderman v. State, 770 So. 2d 1256 (Fla. 1st DCA 2000). REVERSED and REMANDED. ALLEN, VAN NORTWICK and POLSTON, JJ., concur.…
-
Manning v. State, 786 So. 2d 1290 (Fla. 1st DCA 2001)…e the appellant’s claim. See Linderman. REVERSED and REMANDED. BOOTH, BENTON, and BROWNING, JJ., CONCUR. . Although the appellant filed this motion under rule 3.850, this claim would also be cognizable under rule 3.800(a). See Linderman v. State, 770 So. 2d 1256 (Fla. 1st DCA 2000). . The window period in which the offense must have been committed runs from October 1, 1995, to May 24, 1997. See Trapp v. State, 760 So. 2d 924 (Fla.2000).…
-
Johnson v. State, 800 So. 2d 696 (Fla. 1st DCA 2001)…ate, 759 So. 2d 620 (Fla.2000). Accordingly, we reverse and remand for the trial court to either attach documents conclusively showing that appellant is entitled to no relief or [*697] reconsider the motion pursuant to Heggs. See Linderman v. State, 770 So. 2d 1256 (Fla. 1st DCA 2000). REVERSED AND REMANDED with directions. BARFIELD, VAN NORTWICK and POLSTON, JJ., concur.…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Xzavier Trapp v. State, 760 So. 2d 924 (Fla. 2000)