Opinion
No. 4D00-1755.
Opinion filed August 2, 2000. JULY TERM 2000
Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Marvin Mounts, Jr., Judge; L.T. Case Nos. 97-2949CFA02 97-319CFA02.
Eric Rodriguez, Cocoa, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee.
We reverse the order denying Appellant's motion to correct illegal sentence. Appellant's offense was committed within the window period during which the 1995 amendments to the sentencing guidelines were unconstitutional. Trapp v. State, 25 Fla. L. Weekly S429 (Fla. June 1, 2000). On remand, the trial court shall determine whether re-sentencing is required. See Speed v. State, 2000 WL 873307 (Fla. 4th DCA July 5, 2000).
STONE, KLEIN, and TAYLOR, JJ., concur.