Davis v. State

Full title: TYRESS B. DAVIS, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Jun 23, 2000

760 So. 2d 1091 (Fla. Dist. Ct. App. 2000)

Opinion

No. 5D00-1457.

Opinion filed June 23, 2000.

Appeal from the Circuit Court for Orange County, A. Thomas Mihok, Judge.

Tyress B. Davis, Crestview, Pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, J.

Davis appeals claiming the court erred in his sentencing by using the window period set out in Bortel v. State, 743 So.2d 595 (Fla. 4th DCA 1999), which was from October 1, 1995, to October 1, 1996. We remand for reconsideration by the trial court in light of Heggs v. State, 25 Fla. L. Weekly S137 (Fla. Feb. 17, 2000), which holds the window period is from October 1, 1995, to May 24, 1997.

REMANDED.

DAUKSCH and GRIFFIN, JJ., concur.