Opinion
No. 4D00-1968
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. 96-13733CFD02.
Florence Muhammad a/k/a Gail Williams, South Florida, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.
Florence Muhammad a/k/a Gail Williams appeals the summary denial of her motion to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. Relying upon Heggs v. State, 759 So.2d 620 (Fla. 2000), she challenged her sentence under the 1995 sentencing guidelines for an offense committed on December 14, 1996.
The state properly concedes that, in light of Trapp v. State, 25 Fla. L. Weekly S429, 2000 WL 702392 (Fla. June 1, 2000) (holding that the window period for Heggs challenges runs from October 1, 1995 through May 24, 1997), this matter should be remanded to the trial court todetermine whether appellant was adversely affected by the chapter 95-184 amendments enacting the 1995 sentencing guidelines.
Accordingly, we reverse the order denying appellant's motion and remand for the trial court to consider whether resentencing is required. If the trial court determines that appellant's sentence could not have been imposed under the 1994 version of the sentencing guidelines without a departure, it shall resentence her in accordance with the valid guidelines in existence at the time her offense was committed. If it determines there is no need to resentence her, the trial court shall attach to its order of denial all documents supporting such determination. See Heggs; Speed v. State, 25 Fla. L. Weekly D1626, 2000 WL 873307 (Fla. 4th DCA July 5, 2000); Smith v. State, 25 Fla. L. Weekly D1273, 2000 WL 668492 (Fla. 2d DCA May 24, 2000); George v. State, 760 So.2d 293 (Fla. 2d DCA 2000).
REVERSED and REMANDED for further proceedings consistent with this opinion.
POLEN, STEVENSON and TAYLOR, JJ., concur.