Opinion
Case No. 2D97-1792
Opinion filed July 21, 2000.
Appeal from the Circuit Court for Sarasota County, Harry M. Rapkin, Judge.
James Marion Moorman, Public Defender, Bartow, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.
Melvin Mills appeals his conviction for throwing a deadly missile at a vehicle. We affirm his conviction without discussion. Mills also challenges his 1995 guidelines sentence. The Florida Supreme Court recently held that chapter 95-184, Laws of Florida, which contained the 1995 sentencing guidelines, is unconstitutional as violative of the single-subject rule. See Heggs v. State, 25 Fla. L. Weekly S137 (Fla. Feb. 17, 2000), revised by 25 Fla. L. Weekly S359 (Fla. May 4, 2000). Mills committed his offense on August 16, 1996, which puts him within the appropriate "window" outlined in Trapp v. State, 25 Fla. L. Weekly S429 (Fla. June 1, 2000). The record does not reveal whether Mills' sentence would have been permissible under the 1994 guidelines. Consequently, we remand this case to the trial court for reconsideration of Mills' sentence. See Smith v. State, 25 Fla. L. Weekly D1273 (Fla. 2d DCA May 24, 2000).
FULMER, A.C.J., NORTHCUTT and DAVIS, JJ., Concur.