¶1Michael Dean Kelly appeals the judgment and sentence for an offense committed on January 20, 1997. We affirm the conviction without discussion. However, Kelly was sentenced under the 1995 guidelines which have been declared to be unconstitutional. See Heggs v. State, 759 So.2d 620 (Fla.2000). Accordingly, this matter must be remanded for the trial court to reconsider the sentence imposed in accordance with Heggs. See Smith v. State, 761 So.2d 419 (Fla. 2d DCA 2000).
765 So. 2d 882
Kelly v. State
District Court of Appeal of Florida
Decided August 18, 2000
District Court of Appeal of Florida · decided 2000-08-18
Cited by 5 later decisions — most recently December 2004
5 state decisions
Relies on Heggs v. State · 761 So. 2d 419 - Smith v. State
Good law ✅— No negative treatment on recordhow we know
Decided 2000-08-18
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