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765 So. 2d 942

Jones v. State

District Court of Appeal of Florida

Decided August 30, 2000

District Court of Appeal of Florida · decided 2000-08-30

Cited by 5 later decisions — most recently August 2006

5 state decisions

Relies on Heggs v. State · 760 So. 2d 924 - Trapp v. State · 761 So. 2d 419 - Smith v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2000-08-30

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PER CURIAM.

¶1We have for 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.

¶2The 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 oh May 24, 1997, see Trapp v. State, 760 So.2d 924 (Fla. 2000). We agree with Judge Altenbernd’s analysis in Smith v. State, 761 So.2d 419 (Fla. 2d DCA 2000), on the need to remand such cases for a recalculation of the defendant’s sentences under the 1994 guidelines scoresheet.

¶3We reverse the order denying 3.850 relief and remand for consideration of whether resentencing is required pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000). See also Speed v. State, 764 So.2d 873 (Fla. 4th DCA 2000).

¶4REVERSED AND REMANDED.

STEVENSON, SHAHOOD and HAZOURI, JJ., concur.
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