Opinion
Case No. 2D97-4222
Opinion filed July 26, 2000.
Appeal from the Circuit Court for Lee County; Jay B. Rosman, Judge.
James Marion Moorman, Public Defender and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.
Appellant argues that his sentence is illegal under Heggs v. State, 25 Fla. L. Weekly S137 (Fla. Feb. 17, 2000), revised by 25 Fla. L. Weekly S359 (Fla. May 4, 2000). While appellant is correct, and we would normally remand for resentencing pursuant to Smith v. State, 25 Fla. L. Weekly D1273 (Fla. 2d DCA May 24, 2000), this issue has been made moot by appellant's release from incarceration on March 10, 2000. Accordingly, we vacate the stay and dismiss the appeal as moot.
CAMPBELL, A.C.J., and FULMER and SALCINES, JJ., Concur.