Opinion
No. 3D99-3180.
Opinion filed June 7, 2000.
A Case of Original Jurisdiction — Habeas Corpus; L.T. No. 96-40498.
Mario Olanzo Rivera, for petitioner.
Robert A. Butterworth, Attorney General and Barbara A. Zappi, Assistant Attorney General, for respondent.
Before COPE, GREEN, and FLETCHER, JJ.
We deny the petitioner's, Mario Olanzo Rivera, petition for writ of habeas corpus. However, in light of the fact that he was sentenced under guidelines which the supreme court has found to be unconstitutional, see Heggs v. State, 25 Fla. L. Weekly S137 (Fla. Feb. 17, 2000), we remand with directions that the petitioner be resentenced pursuant to the guidelines which were valid at the time that he committed the offenses. See also Gomez v. State, 25 Fla. L. Weekly D1072 (Fla. 3d DCA May 3, 2000); Ramirez v. State, 752 So.2d 1246 (Fla. 3d DCA 2000); Diaz v. State, 752 So.2d 105 (Fla. 3d DCA 2000).