Opinion
Case No. 3D99-2008.
Opinion filed July 5, 2000.
An appeal from the Circuit Court for Dade County, Roberto M. Pineiro, Judge. Lower Tribunal No. 96-3471
Bennett H. Brummer, Public Defender and Howard K. Blumberg, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General and Fredericka Sands, Assistant Attorney General, for appellee.
Before JORGENSON, COPE, and GREEN, JJ.
We find no merit to the appellant's argument that his plea agreement with the state should be voided as against public policy and therefore affirm his convictions for trafficking in cocaine. However, in the wake of the Florida Supreme Court's decision inHeggs v. State, 25 Fla. L. Weekly S137 (Fla. Feb 17, 2000); which held Chapter 95-184, enacting the 1995 sentencing guidelines under which the appellant was sentenced, to be unconstitutional; and because appellant's crime was committed during the operative window period; we must vacate the appellant's sentence and remand for resentencing under the guidelines which were in effect prior to the enactment of Chapter 95-184. See Trapp v. State, No. SC96074 (Fla. June 1, 2000); Diaz v. State, 752 So.2d 105 (Fla. 3d DCA 2000). See also Llinas-Flores v. State, 25 Fla. L. Weekly D908 (April 12, 2000); Paz v. State, 25 Fla. L. Weekly D824 (Fla. 3d DCA March 29, 2000).
Affirmed in part. Reversed and remanded in part with directions.