CHRISTIAN FLEMING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant challenges the trial court’s summary denial of his motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the appellant’s crimes occurred within the window period established by Trapp v. State, 760 So. 2d 924, 928 (Fla.2000), the appellant claims an entitlement to resentencing under Heggs v. State, 759 So. 2d 620, 627 (Fla.2000). The sentence received by the appellant was an upward departure of the 1995 guidelines, supported by valid written reasons. In Hope v. State, 797 So. 2d 1252 (Fla.2001), the Florida Supreme Court held that a valid departure sentence that was imposed pursuant to the 1995 guidelines should be reconsidered after the recalculation of the appellant’s scoresheet under the 1994 guidelines. We accordingly reverse and remand for reconsideration in accordance with Hope.
REVERSED AND REMANDED.
ERVIN, BARFIELD and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Fleming, 61 So. 3d 399 (Fla. 2011)…. Subsequently, the district court reversed the denial of Fleming’s postconviction motion, in which Fleming alleged his sentence was illegal under Heggs v. State, 759 So. 2d 620, 627 (Fla.2000), and remanded for re-sentencing. See Fleming v. State, 808 So. 2d 287 (Fla. 1st DCA 2002).1 At Fleming’s 2003 resentencing, the circuit court scored forty points on the scoresheet for severe victim injury and again departed upward from the guidelines range of fifty-five and a half months to ninety-two and a half month…
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State v. Gwenda Jean Lemon, 825 So. 2d 927 (Fla. 2002)…most identical to those presented here. Recently, both the First and Second District Courts have followed our holding in Hope and have remanded Heggs claims for recalculation of departure sentences, the same relief sought here. See Fleming v. State, 808 So. 2d 287 (Fla. 1st DCA 2002); DeMonia v. State, 806 So. 2d 545 (Fla. 2d DCA 2001). As noted in Fleming: “In Hope v. State, 797 So. 2d 1252 (Fla.2001), the Florida Supreme Court held that a valid departure sentence that was imposed pursuant to the 1995 guidel…
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Fleming v. State (Fla. 1st DCA 2006)…ctions. BENTON, POLSTON, and THOMAS, JJ., concur. . Appellant's original departure sentence was reconsidered after a recalculation of the scoresheet under the 1994 guidelines pursuant to Hope v. State, 797 So. 2d 1252 (Fla.2001). Fleming v. State, 808 So. 2d 287 (Fla.1st DCA 2002). . See Behl v. State, 898 So. 2d 217 (Fla. 2d DCA 2005) (applying the ruling in Apprendi to a trial court’s assessment of victim injury points).…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Xzavier Trapp v. State, 760 So. 2d 924 (Fla. 2000)
- Hope v. State, 797 So. 2d 1252 (Fla. 2001)