Opinion
No. 4D00-1812.
Opinion filed August 2, 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 U. Mounts, Jr., Judge; L.T. Case Nos. 97-1460CFA02 97-3129CFA02.
Silas Havard, Crawfordville, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.
We review the order of the trial court denying appellant's motion to correct illegal sentence challenging his sentences in two 1997 cases as illegal on the grounds that they were based on 1995 sentencing guidelines held unconstitutional as violative of the single subject rule of Article III, Section 6 of the Florida Constitution. See Heggs v. State, 25 Fla. L. Weekly S201 (Fla. Feb. 17, 2000). The Supreme Court of Florida has recently held the operative window period in which to challenge the sentencing guideline provisions amended by Chapter 95-184, Laws of Florida, commenced on October 1, 1995, and ended on May 24, 1997. See Trapp v. State, 25 Fla. L. Weekly S429 (Fla. June 1, 2000);Salters v. State, 25 Fla. L. Weekly S365 (Fla. May 11, 2000). Weagree with Judge Altenbernd's analysis in Smith v. State, 25 Fla. L. Weekly D1273 (Fla. 2d DCA May 24, 2000) on the need to remand such cases for a recalculation of the defendant's sentences under the 1994 guidelines scoresheet. Accordingly, we reverse and remand for this recalculation and resentencing, if necessary, in accordance with the sentencing guidelines in effect on the dates appellant committed his offenses in these two cases.
REVERSE AND REMAND FOR RESENTENCING.
DELL, POLEN and SHAHOOD, JJ., concur.