Opinion
No. 4D00-2024.
Opinion filed September 6, 2000. JULY TERM 2000
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Marvin Mounts, Jr., Judge; L.T. No. 97-4026CFA02.
Torra C. Green, South Florida, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Melanie A. Dale, Assistant Attorney General, West Palm Beach, for appellee.
We reverse the order denying appellant's motion to correct illegal sentence. The state agrees that appellant's offense was committed within the window period during which the 1995 amendments to the sentencing guidelines were unconstitutional. Trapp v. State, 25 Fla. L. Weekly S429 (Fla. June 1, 2000). On remand, the trial court shall determine whether resentencing is required. See Speed v. State, 2000 WL 873307 (Fla. 4th DCA July 5, 2000); Smith v. State, 25 Fla. L. Weekly D1273 (Fla. 2d DCA May 24, 2000).
WARNER, C.J., POLEN and TAYLOR, JJ., concur.