KEVIN LEE WASHINGTON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2003-07-09
No. 3D02-2281
Before SCHWARTZ, C.J., GODERICH and SHEVIN, JJ.
848 So. 2d 1255 Florida District Court of Appeal, Third District (2003) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the order denying defendant’s motion to correct illegal sentence. As the state properly concedes, defendant does not qualify for sentencing as a violent career criminal. Accordingly, we vacate defendant’s sentence and remand for re-sentencing without regard to violent career criminal or violent habitual offender sentencing statutes.

Order reversed; sentence vacated.

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  • Morrison v. State, 932 So. 2d 533 (Fla. 3d DCA 2006)
    …dy been adjudicated adversely to him. The defendant in this case was convicted at trial and was sentenced under the 1995 sentencing guidelines. In that circumstance a defendant is allowed to raise a Heggs claim under Rule 3.800(a). Carter v. State, 848 So. 2d 1255, 1256 (Fla. 3d DCA 2003) (citing Copeland v. State, 842 So. 2d 1052 (Fla. 3d DCA 2003)). The State concedes, and we agree, that if the defendant’s calculations are correct then it would be a manifest injustice within the meaning of State v. McBride…

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