Opinion
Case No. 2D00-304
Opinion filed July 21, 2000.
Appeal pursuant to Fla.R.App.P. 9.140(i) from the Circuit Court for Lee County; Isaac Anderson, Jr., Judge.
Sebastian G. Christmas appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We address only Christmas's claim that his sentence under the 1995 sentencing guidelines is illegal pursuant to Heggs v. State, 718 So.2d 263 (Fla. 2d DCA 1998). The supreme court recently announced that chapter 95-184, Laws of Florida, violated the single-subject provision of article III, section 6, of the Florida Constitution. See Heggs v. State, 25 Fla. L. Weekly S137 (Fla. Feb. 17, 2000), revised by 25 Fla. L. Weekly S359 (Fla. May 4, 2000). Therefore, we must reverse and remand to the trial court for further consideration of this issue. In all other respects the trial court's order is affirmed.
We remand for the trial court to determine whether Christmas committed his offenses within the applicable window period under Heggs, and, if so, whether his sentence could have been imposed under the 1994 guidelines, without a departure. The supreme court has determined that defendants will only benefit from the Heggs decision if the sentence imposed under the 1995 guidelines would constitute an impermissible departure sentence under the 1994 guidelines. Id. at S359.
If the court enters an order declaring that resentencing pursuant to Heggs is unnecessary for Christmas, it should attach to its order the record documents used to justify that conclusion. See Smith v. State, 25 Fla. L. Weekly D1273 (Fla. 2d DCA May 24, 2000).
Affirmed in part, reversed in part, and remanded for further proceedings in accordance with this opinion.
PARKER, A.C.J., ALTENBERND and SALCINES, JJ., Concur.