Opinion
No. 2D99-01472
Opinion filed August 23, 2000.
Appeal pursuant to Fla.R.App.P. 9.140(i) from the Circuit Court for Collier County; William L. Blackwell, Judge.
Johnson Georges appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), alleging that he was sentenced under an unconstitutional version of the guidelines. Georges was sentenced on November 25, 1997. Georges alleges that the date of the offense was March 1, 1997. The trial court denied the motion, relying on our decision in Heggs v. State, 718 So.2d 263 (Fla. 2d DCA 1998), that suggested the relevant window to challenge the 1995 sentencing guidelines was determined by the date of sentencing. Because it is now clear that the date of offense is the relevant date, we reverse and remand for further consideration of this motion. See Smith v. State, 25 Fla. L. Weekly D1273 (Fla. 2d DCA May 24, 2000).
Appeal decided by 759 So.2d 620 (Fla. 2000).
We remand for the trial court to determine whether Georges in fact committed his offense within the Heggs window and, if so, whether his sentence could not have been imposed under the 1994 guidelines without a departure. If the answers to both of these questions are affirmative, then Georges must be resentenced in accordance with the valid guidelines in existence at the time he committed his offenses. If the court enters an order declaring resentencing unnecessary, it should attach all documents necessary to reach that conclusion. See Smith, 25 Fla. L. Weekly at D1273.
Reversed and remanded for further proceedings in accordance with this opinion.
PARKER, A.C.J., and ALTENBERND and WHATLEY, JJ., Concur.