Opinion
No. 4D00-1939
Opinion filed August 9, 2000 JULY TERM 2000
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Howard C. Berman, Judge; L.T. No. 97-6415 CFA02.
Rusbel Morales Vazquez, Jasper, 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 Vazquez' motion to correct illegal sentence. Vazquez' 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 resentencing is required. See Speed v. State, 2000 WL 873307 (Fla. 4th DCA July 5, 2000); Smith v. State, 25 Fla. L. Weekly D1273 (Fla. 2d DCA May 24, 2000).
POLEN, GROSS and HAZOURI, JJ., concur.