Opinion
No. 2D98-2891
Opinion filed August 11, 2000.
Appeal from the Circuit Court for Pinellas County; David Seth Walker, Judge.
James Marion Moorman, Public Defender, Bartow, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Appellee.
The appellant was placed on two years' community control followed by five years' probation after pleading nolo contendere to one count of sexual battery. He challenges an order revoking his community control and the sentence imposed upon revocation. We affirm the revocation without discussion, but we remand for reconsideration of the sentence.
The appellant's sentence was imposed pursuant to the 1995 sentencing guidelines. The appellant committed the offense in June 1996, within the window for challenge pursuant to Heggs v. State, 25 Fla. L. Weekly S137 (Fla. Feb. 17, 2000). Because the court in Heggs determined that the 1995 sentencing guidelines were unconstitutional, we remand this case to the trial court to reconsider the sentence. See Smith v. State, 25 Fla. L. Weekly D1273 (Fla. 2d DCA May 24, 2000).
GREEN and STRINGER, JJ., Concur.