Opinion
No. 4D00-2003
Opinion filed August 16, 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; Howard C. Berman, Judge; L.T. Case No. 96-12491CFA02.
Bryant Hightower, Belle Glade, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Marrett W. Hanna, Assistant Attorney General, West Palm Beach, for appellee.
We review the order of the trial court summarily denying Brant Hightower's motion filed pursuant to Florida Rule of Criminal Procedure 3.800, alleging his right to be resentenced under the 1994 sentencing guidelines.
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 2, 2000). As we did in Speed v. State, No. 4D00-1405, 2000 WL 873307 (Fla. 4th DCA July 5, 2000), we agree with Judge Altenbernd's analysis in Smith v. State, 25 Fla. L. Weekly D1273 (Fla. 2d DCA May 24, 2000), onthe need to remand such cases for a recalculation of the defendant's sentences under the 1994 guidelines scoresheet.
Accordingly, we reverse and remand for resentencing in accordance with the sentencing guidelines in effect on November 13, 1996, the date on which Hightower committed the underlying offenses in this case.
GUNTHER, SHAHOOD and HAZOURI, JJ., concur.