Opinion
No. 5D00-1459.
Opinion filed August 4, 2000. JULY TERM 2000
Appeal from the Circuit Court for Hernando County, Jack Springstead, Judge.
James Paul Spacco, Raiford, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.
Defendant, James Paul Spacco, appeals the summary denial of his Rule 3.850 motion. He claims that he is entitled to be resentenced because the trial court applied the 1995 sentencing guidelines, which the Florida Supreme Court determined were unconstitutional in Heggs v. State, 25 Fla. L. Weekly S137 (Fla. February 17, 2000), revised, 25 Fla. L. Weekly S359 (Fla. May 4, 2000). The trial court denied defendant's motion because his offenses were committed outside the window period. However, the trial court did not have the benefit of Trapp v. State, 760 So.2d 924, 25 Fla. L. Weekly S429 (Fla. June 1, 2000), in which the supreme court held that the applicable window period was October 1, 1995 through May 24, 1997. Defendant's offense was committed within that time period and he alleges that he was adversely affected. Therefore, we reverse the trial court's order. On remand, since the sentence was the result of a negotiated plea, the state shall have the option of agreeing to a sentence under the 1994 guidelines, or withdrawing from the plea bargain and taking defendant to trial. See Parker v. State, 25 Fla. L. Weekly D1465 (Fla. 5th DCA June 16, 2000).
REVERSED AND REMANDED.
HARRIS and SAWAYA, JJ. concur.