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Denmark v. State

District Court of Appeal of Florida, Second District
Jul 21, 2000
764 So. 2d 795 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 2D00-42

Opinion filed July 21, 2000.

Appeal pursuant to Fla.R.App.P. 9.140(i) from the Circuit Court for Polk County; Dennis P. Maloney, Judge.


Thomas M. Denmark challenges the trial court's order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Denmark claims that his sentence under the 1995 sentencing guidelines is illegal pursuant to Heggs v. State, 718 So.2d 263 (Fla. 2d DCA 1998). The trial court denied relief because, pursuant to this court's opinion, the issue of the constitutionality of the 1995 guidelines was pending before the supreme court, and, therefore, Denmark's sentence remained legal.

The supreme court has since 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).

Accordingly, we reverse the order of the trial court and remand for consideration pursuant to Smith v. State, 25 Fla. L. Weekly D1273 (Fla. 2d DCA May 24, 2000).

Reversed and remanded.

CAMPBELL, A.C.J., and PARKER and ALTENBERND, JJ., Concur.


Summaries of

Denmark v. State

District Court of Appeal of Florida, Second District
Jul 21, 2000
764 So. 2d 795 (Fla. Dist. Ct. App. 2000)
Case details for

Denmark v. State

Case Details

Full title:THOMAS M. DENMARK, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jul 21, 2000

Citations

764 So. 2d 795 (Fla. Dist. Ct. App. 2000)