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Gomez v. State

District Court of Appeal of Florida, Third District
May 3, 2000
756 So. 2d 259 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D00-922.

Opinion filed May 3, 2000.

An Appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Miami-Dade County, Ellen Leesfield, Judge, L.T. Nos. 96-6644, 95-38521.

George L. Gomez, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before GERSTEN, GODERICH, and SHEVIN, JJ.


George Gomez appeals the denial of his motion to correct illegal sentence. Although the trial court correctly decided Gomez's motion at the time of the hearing, the Florida Supreme Court's subsequent decision in Heggs v. State, 25 Fla. L. Weekly S137 (February 17, 2000) holding chapter 95-184, Laws of Florida, unconstitutional warrants a reversal here. Furthermore, Gomez falls within the window prescribed in Heggs as the offenses convicted of occurred on December 15, 1995. See Heggs v. State, 25 Fla. L. Weekly S137 (February 17, 2000).

Accordingly, we reverse and remand to the trial court for a determination of Gomez's proper sentence under the 1994 sentencing guidelines.

Reversed and remanded.


Summaries of

Gomez v. State

District Court of Appeal of Florida, Third District
May 3, 2000
756 So. 2d 259 (Fla. Dist. Ct. App. 2000)
Case details for

Gomez v. State

Case Details

Full title:GEORGE L. GOMEZ, Appellant v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: May 3, 2000

Citations

756 So. 2d 259 (Fla. Dist. Ct. App. 2000)