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773 So. 2d 128

Giese v. State

District Court of Appeal of Florida

Decided December 20, 2000

District Court of Appeal of Florida · decided 2000-12-20

Relies on Heggs v. State · Tison v. Arizona · Newlon v. Missouri

Decided 2000-12-20

PER CURIAM.

¶1We affirm appellant’s conviction for second degree murder. We hold that the prosecutor’s remarks fall within the wide latitude permitted in arguing to a jury during closing argument. Breedlove v. State, 413 So.2d 1 (Fla.1982), cert. den. sub nom Breedlove v. Florida, 459 U.S. 882, 103 S.Ct. 184, 74 L.Ed.2d 149 (1982).

¶2Appellant correctly contends that the Florida Supreme Court has held the 1995 version of the sentencing guidelines, under which he was sentenced, to be unconstitutional. Heggs v. State, 759 So.2d 620 (Fla.2000). We reverse appellant’s sentence and remand for a determination of whether resentencing is required pursuant to Heggs, Speed v. State, 764 So.2d 873 (Fla. 4th DCA 2000), and for resentencing if required.

¶3AFFIRMED IN PART; REVERSED IN PART and REMANDED.

DELL, GUNTHER and POLEN, JJ., concur.
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