Opinion
Case No. 4D00-1405.
Opinion filed July 5, 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. Case 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.
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 has recently held 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. June 2, 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 defendant's sentences under the 1994 guidelines scoresheet.
Accordingly, we reverse and remand for resentencing in accordance with the sentencing guidelines in effect on January 15, 1997, the date on which appellant committed the underlying offenses in this case.
WARNER, C.J., GUNTHER and POLEN, JJ., concur.