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761 So. 2d 1242

Martin v. State

District Court of Appeal of Florida · decided 2000-07-12

Cited by 1 later decisions — most recently February 2004

1 state decisions

Relies on Heggs v. State · 761 So. 2d 419 - Smith v. State

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Decided 2000-07-12

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NORTHCUTT, Judge.

¶1Timothy Martin challenges his convictions and sentences for five offenses committed on August 9, 1996: two counts of DUI with serious bodily injury, two counts of DUI causing property damage, and driving with a suspended license. We affirm the convictions. However, the 1995 sentencing guidelines under which Martin was sentenced have been declared unconstitutional. See Heggs v. State, 759 So.2d 620 (Fla. 2000). Therefore, we remand for reconsideration of Martin’s sentences according to the procedure prescribed by Smith v. State, 761 So.2d 419 (Fla. 2d DCA 2000).

¶2Affirmed in part and remanded.

WHATLEY, A.C.J., and GREEN, J„ Concur.
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