Opinion
No. 4D00-1894.
Opinion filed August 16, 2000.
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Dale Ross, Judge; L.T. Case No. 96-3522 CF10B.
Bruce Coleman, Clermont, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Melanie A. Dale, Assistant Attorney General, West Palm Beach, for appellee.
We review the order of the trial court denying appellant's motion for post-conviction relief which alleged his right to be resentenced under the 1994 sentencing guidelines. Coleman was sentenced after revocation of probation to an 111 month sentence. Our review of the record reveals that while this is a bottom of the guidelines sentence, it was imposed on Coleman as an habitual felony offender.
There is no dispute that Coleman committed his offenses within the operative window period in which to challenge the sentencing guideline provisions amended by Chapter 95-184, Laws of Florida.See Trapp v. State, 25 Fla. L. Weekly S429, S430 (Fla. June 2, 2000). At issue is whether Coleman was "adversely affected" asdefined by the Florida Supreme Court in its revised opinion inHeggs v. State, 25 Fla. L. Weekly S359, S360 (Fla. May 4, 2000), in light of his habitual offender designation.
We remand for resentencing under the laws in effect at the time of Coleman's offenses. The record in this case reveals not only that Coleman received a bottom of the guidelines sentence, but rather that he could not have received an habitual offender sentence after the revocation of probation. See King v. State, 681 So.2d 1136, 1140 (Fla. 1996); Welling v. State, 748 So.2d 314, 316 (Fla. 4th DCA 1999). Compare Abaunza v. State, No. 4D00-1817 (Fla. 4th DCA Aug. 16, 2000) (finding habitual offender sentence permitted under 1994 and 1995 laws).
GUNTHER, STONE and GROSS, JJ., concur.