TAMMY M. VAREIA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The State’s Motion for Clarification is granted, the original opinion in this case, filed on December 20, 2000, is vacated, and the following opinion is substituted therefor. Vareia appeals the trial court’s summary denial of her petition for postconviction relief in which she challenges her sentence under Heggs v. State, 759 So. 2d 620 (Fla.2000).
The State agrees with Vareia that the trial court’s order should be reversed and remanded so that the trial court may determine whether Vareia entered a negotiated plea to an exact sentence or to an indefinite sentence pursuant to guidelines which were declared unconstitutional in Heggs. In the case of an exact sentence, Vareia would have no grounds to complain. If she pled to an indefinite sentence and the sentence exceeds the 1994 guidelines, Vareia’s sentence should be vacated and her guidelines scoresheet recalculated. In the latter case, the State on remand shall have the option of agreeing to a guidelines sentence under the 1994 guidelines, or withdrawing from the plea bargain and taking Vareia to trial. See Buckingham v. State, 771 So. 2d 1206 (Fla. 2d DCA 2000); Gibson v. State, 772 So. 2d 35 (Fla. 2d DCA 2000); Spacco v. State, 762 So. 2d 597 (Fla. 5th DCA 2000).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Salim Kamau Latiif v. State, 787 So. 2d 834 (Fla. 2001)…trial court determines that Appellant is entitled to relief under Heggs, then the State must be given the option of proceeding to trial on the original charges or having Appellant resentenced under the 1994 sentencing guidelines”); Vareia v. State, 777 So. 2d 1168, 1168-69 (Fla. 3d DCA 2001) (remanding so trial court could determine if Vareia entered a negotiated plea to an indefinite sentence that exceeded the 1994 guidelines, and if she did, then “the State on remand shall have the option of agreeing to a g…
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Rashan Jones v. State, 781 So. 2d 447 (Fla. 4th DCA 2001)…e 1994 guidelines range, then he would be entitled to relief under Heggs. The state would then have the option of proceeding to trial on the original charges or having appellant resen-tenced under the 1994 sentencing guidelines. See Vareia v. State, 777 So. 2d 1168 (Fla. 3d DCA 2001); Buckingham v. State, 771 So. 2d 1206, 1209 (Fla. 2d DCA 2000); Bonilla v. State, 766 So. 2d 1192, 1194 (Fla. 5th DCA 2000) (reversing motion to correct illegal sentence for determination of whether plea agreement was conditioned…
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White v. State, 816 So. 2d 820 (Fla. 5th DCA 2002)…s for relief under Heggs. See Dunenas v. Moore, 762 So. 2d 1007 (Fla. 3d DCA 2000); accord Brown v. State, 781 So. 2d 484 (Fla. 4th DCA 2001). If a defendant negotiates for an exact sentence, the defendant is not entitled to relief. Vareia v. State, 777 So. 2d 1168 (Fla. 3d DCA 2001). On the other hand, a defendant would be entitled to relief if the defendant negotiated for an indeterminate sentence. Id.; Brown; Dunenas. Trotter v. State, 774 So. 2d 924 (Fla. 5th DCA 2001) is distinguished because there the de…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Buckingham v. State, 771 So. 2d 1206 (Fla. 2d DCA 2000)
- Gibson v. State, 772 So. 2d 35 (Fla. 2d DCA 2000)
- Duc M. Pham v. State, 762 So. 2d 597 (Fla. 5th DCA 2000)
- Spacco v. State, 762 So. 2d 597 (Fla. 5th DCA 2000)