Acay v. State

Full title: HECTOR L. ACAY, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District, Charlotte County

Date published: Jun 28, 2000

764 So. 2d 723 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 2D97-3095.

Opinion filed June 28, 2000.

Appeal from the Circuit Court for Charlotte County; Darryl C. Casanueva, Judge.

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.

PARKER, Acting Chief Judge.

Hector L. Acay seeks review of the sentence entered upon revocation of his probation pursuant to the sentencing guidelines as amended in 1995 by chapter 95-184, Laws of Florida. The underlying offense occurred on December 28, 1995. Because the 1995 sentencing guidelines are unconstitutional, we remand for reconsideration of sentence. See Smith v. State, 25 Fla. L. Weekly D1273 (Fla. 2d DCA May 24, 2000).

BLUE and FULMER, JJ., Concur.