Opinion
No. 4D00-1780.
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; Edward A. Garrison, Judge; L.T. No. 96-11215CFA02.
Morris Miller, Crawfordville, pro se.
No appearance required for appellee.
Morris Miller appeals the denial of his motion to correct illegal sentence. Appellant was sentenced for an offense committed on October 8, 1996. The trial court denied the motion, relying on our decision in Bortel v. State, 743 So.2d 595 (Fla. 4th DCA 1999) (holding that the window of opportunity to raise a single-subject constitutional challenge to the 1995 sentencing guidelines closed on October 1, 1996).
The Florida Supreme Court recently ruled that the operative window period for challenging the 1995 guidelines opened October 1, 1995 and closed on May 27, 1997. See Trapp v. State, 25 Fla. L. Weekly S429 (Fla. June 1, 2000). Thus, appellant's offense was committed within the relevant window period.
We therefore remand for the trial court to reconsider appellant's sentence. If the court determines on remand that appellant's sentence could not have been imposed under the 1994 Guidelines without a departure, then it shall resentence appellant in accordance with the valid guidelines in existence at the time he committed his offenses. If the court determines that it need not resentence appellant, it shall attach all documents supporting such determination to its order. See Heggs v. State, 25 Fla. L. Weekly S137 (Fla. Feb. 17, 2000), revised by 25 Fla. L. Weekly S359 (Fla. May 4, 2000); Speed v. State, No. 4D00-1405, 2000 WL 873307 (Fla. 4th DCA July 5, 2000); Smith v. State, 2000 WL 668492 (Fla. 2d DCA May 24, 2000); George v. State, No. 2D00-534, 2000 WL 762241 (Fla. 2d DCA June 14, 2000).
DELL, STEVENSON and TAYLOR, JJ., concur.