Opinion
No. 4D00-2187.
Opinion filed August 30, 2000. JULY TERM 2000
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Hubert R. Lindsey, Judge; L.T. No. 97-3801 CFA02.
Bruce L. Byrd, Daytona Beach, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Marrett W. Hanna, Assistant Attorney General, West Palm Beach, for appellee.
We review the order of the trial court summarily denying Bruce L. Byrd's motion filed pursuant to Florida Rule of Criminal Procedure 3.800, alleging his right to be resentenced under the 1994 sentencing guidelines.
The Supreme Court of Florida has recently held that the operative window period in which to challenge the sentencing guideline provisions amended by Chapter 95-184, Laws of Florida, commenced on October 1, 1995, and ended on May 24, 1997. See Trapp v. State, 760 So.2d 924 (Fla. 2000). As we did in Speed v. State, No. 4D00-1405, 2000 WL 1140423 (Fla. 4th DCA Aug. 9, 2000), we agree with Judge Altenbernd's analysis inSmith v. State, 761 So.2d 419 (Fla. 2dDCA 2000), on the need to remand such cases for a recalculation of the defendant's sentences under the 1994 guidelines scoresheet.
Accordingly, we reverse the order denying 3.800 relief and remand for consideration of whether resentencing is required pursuant toHeggs v. State, 759 So.2d 620 (Fla. 2000) (revised opinion).
WARNER, C.J., STEVENSON and SHAHOOD, JJ., concur.