Opinion
No. 4D00-1405
Opinion filed August 9, 2000 JULY TERM 2000
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Peter M. Weinstein, Judge; L.T. No. 97-970CF10A.
Ronald Speed, Avon Park, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Steven R. Parrish, Assistant Attorney General, West Palm Beach, for appellee.
Sua sponte the court withdraws its opinion of July 5, 2000, and enters the following in its place.
We review the order of the trial court denying appellant's motion for post-conviction relief alleging his right to be resentenced under the 1994 sentencing guidelines.
The Supreme Court of Florida recently held that the operative window period in which to challenge the sentencing guideline provisions amended by Chapter 95-184, Laws of Florida, commenced on October 1, 1995, and ended on May 24, 1997. See Trapp v. State, 25 Fla. L. Weekly S429 (Fla. Jun. 1, 2000). We agree with Judge Altenbernd's analysis in Smith v. State, 25 Fla. L. Weekly D1273 (Fla. 2d DCA May 24, 2000), on the need to remand such cases for a recalculation of the appellant's sentences under the 1994 guidelines scoresheet.
Accordingly, we reverse the order denying 3.850 relief and remand for consideration of whether resentencing is required pursuant to Heggs v. State, 25 Fla. L. Weekly S137 (Fla. Feb. 17, 2000), revised by, 25 Fla. L. Weekly S359 (Fla. May 4, 2000).
WARNER, C.J., GUNTHER and POLEN, JJ., concur.