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832 So. 2d 966

Shirley v. State

District Court of Appeal of Florida

Decided December 27, 2002

District Court of Appeal of Florida · decided 2002-12-27

Cited by 5 later decisions — most recently September 2014

5 state decisions

Relies on Heggs v. State · 760 So. 2d 924 - Trapp v. State · Shirley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2002-12-27

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COVINGTON, Judge.

¶1John Shirley appeals the sentences that were imposed after this court remanded his case for resentencing. See Shirley v. State, 775 So.2d 366 (Fla. 2d DCA 2000). Shirley contends that the trial court improperly resentenced him using the 1995 sentencing guidelines even though the offenses occurred or began during the window period set forth in Heggs v. State, 759 So.2d 620 (Fla.2000), and Trapp v. State, 760 So.2d 924 (Fla.2000). The State properly confesses error. Shirley’s sentences are therefore reversed, and this cause is remanded for resentencing under the guidelines that were valid on the dates of Shirley’s offenses. See Trapp, 760 So.2d at 928.

¶2Reversed and remanded.

BLUE, C.J, and DAVIS, J., Concur.
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