Metzler v. State

Full title: DAVID METZLER, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Jul 12, 2000

761 So. 2d 1240 (Fla. Dist. Ct. App. 2000)

Opinion

No. 2D97-3135.

Opinion filed July 12, 2000.

Appeal from the Circuit Court for Hillsborough County; Chet A. Tharpe, Judge.

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.

GREEN, Judge.

The appellant, David Metzler, challenges the validity of his sentence under the 1995 sentencing guidelines. The Florida Supreme Court recently held that the 1995 sentencing guidelines were unconstitutional. See Heggs v. State, 25 Fla. L. Weekly S139 (Fla. Feb. 17, 2000), revised by 25 Fla. L. Weekly S359 (Fla. May 4, 2000). Therefore, we remand for a reconsideration of Metzler's sentence. See Smith v. State, 25 Fla. L. Weekly D1273 (Fla. 2d DCA May 24, 2000).

CAMPBELL, A.C.J., and THREADGILL, J., Concur.