Fleming v. State

District Court of Appeal of Florida

Decided March 6, 2002

District Court of Appeal of Florida · decided 2002-03-06

Cited by 3 later decisions — most recently February 2011

3 state decisions

Key passage — most relied on by later courts

“In Hope v. State, 797 So.2d 1252 (Fla.2001), the Florida Supreme Court held that a valid departure sentence that was imposed pursuant to the 1995 guidelines should be reconsidered after the recalculation of the appellant's scoresheet under the 1994 guidelines.”

quoted by 1 later decision, including 825 So. 2d 927 - State v. Lemon

Relies on Heggs v. State · 760 So. 2d 924 - Trapp v. State · 797 So. 2d 1252 - Hope v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2002-03-06

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PER CURIAM.

¶1The appellant challenges the trial court’s summary denial of his motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the appellant’s crimes occurred within the window period established by Trapp v. State, 760 So.2d 924, 928 (Fla.2000), the appellant claims an entitlement to resen-tencing under Heggs v. State, 759 So.2d 620, 627 (Fla.2000). The sentence received by the appellant was an upward departure of the 1995 guidelines, supported by valid written reasons. In Hope v. State, 797 So.2d 1252 (Fla.2001), the Florida Supreme Court held that a valid departure sentence that was imposed pursuant to the 1995 guidelines should be reconsidered after the recalculation of the appellant’s scoresheet under the 1994 guidelines. We accordingly reverse and remand for reconsideration in accordance with Hope.

¶2REVERSED AND REMANDED.

ERVIN, BARFIELD and VAN NORTWICK, JJ., concur.