Opinion
No. 2D97-2509.
Opinion filed June 16, 2000.
Appeal from the Circuit Court for Hendry County; John S. Carlin, Judge.
James Marion Moorman, Public Defender, and Julius J. Aulisio, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.
Nathaniel McMillian appeals his conviction and sentence for a July 24, 1996 manslaughter, and the State cross-appeals the trial court's order in limine excluding McMillian's admission that he had shot the victim. We affirm without discussion McMillian's conviction and the point on cross-appeal.
In the remaining issue, McMillian challenges the validity of his sentence under the 1995 sentencing guidelines. The Florida Supreme Court recently held that the 1995 sentencing guidelines were unconstitutional. See Heggs v. State, 25 Fla. L. Weekly S139 (Fla. Feb. 17, 2000), revised by 25 Fla. L. Weekly S359 (Fla. May 4, 2000). Therefore, we remand for a reconsideration of McMillian's sentence, which shall be conducted as prescribed in Smith v. State, 25 Fla. L. Weekly D1273 (Fla. 2d DCA May 24, 2000).
CAMPBELL, A.C.J., and GREEN, J., Concur.