¶1We reverse the order denying appellant’s postconviction motion. The state agrees that appellant made a preliminary showing that he may be entitled to relief under Heggs v. State, 759 So.2d 620 (Fla.2000). We remand to the trial court to determine whether resentencing is required. See Speed v. State, 764 So.2d 873 (Fla. 4th DCA 2000); Smith v. State, 761 So.2d 419 (Fla. 2d DCA 2000).
767 So. 2d 530
Miles v. State
District Court of Appeal of Florida
Decided August 9, 2000
District Court of Appeal of Florida · decided 2000-08-09
Relies on Heggs v. State · 761 So. 2d 419 - Smith v. State · 764 So. 2d 873 - Speed v. State
Decided 2000-08-09