Summary
holding that where appellant entered into a negotiated plea to a sentence within the guidelines range, that "[i]f on remand the trial court determines that Appellant is entitled to relief under Heggs, then the State must be given the option of proceeding to trial on the original charges or having Appellant resentenced under the 1994 sentencing guidelines"
Summary of this case from Latiif v. StateOpinion
No. 4D00-3784.
Opinion filed March 21, 2001.
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. Case No. 97-8597 CF10A.
Reversed and Remanded for further proceedings consistent with this opinion.
Cedrick Henderson, Belle Glade, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Bart Schneider, Assistant Attorney General, West Palm Beach, for appellee.
Appellant, Cedrick Henderson, appeals from an order summarily denying his motion to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. Henderson alleged that he was sentenced to nine years in prison as a habitual felony offender pursuant to a negotiated plea to receive a habitual offender sentence within his sentencing guidelines range of 66 to 110 months. Appellant sought to be resentenced pursuant to Heggs v. State, 759 So.2d 620 (Fla. 2000) (sustaining a constitutional challenge to the 1995 sentencing guidelines, enacted by chapter 95-184, based on violation of the single subject rule), alleging that his sentence exceeds the guidelines range which would be produced by the 1994 sentencing guidelines.
The State concedes that the order denying Appellant's sworn motion should be reversed for the trial court to reconsider it pursuant to rule 3.850. We agree and reverse.
If on remand the trial court determines that Appellant is entitled to relief under Heggs, then the State must be given the option of proceeding to trial on the original charges or having Appellant resentenced under the 1994 sentencing guidelines. See Jones v. State, No. 4D00-3043, 2001 WL 194981 (Fla. 4th DCA Feb. 28, 2001); Vareia v. State, 26 Fla. L. Weekly D458 (Fla. 3d DCA Feb. 14, 2001) (on motion for clarification); Buckingham v. State, 771 So.2d 1206 (Fla. 2d DCA 2000); Spacco v. State, 762 So.2d 597 (Fla. 5th DCA 2000).
Dell, Stevenson and Hazouri, JJ., Concur.