Opinion
No. 4D02-4054.
April 13, 2005.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Geoffrey D. Cohen, Judge, L.T. Case No. 96-16003 CF10A.
Michael P. Szymanowski, Bushnell, pro se.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.
In Szymanoski v. State, 870 So. 2d 137 (Fla. 4th DCA 2003), we reversed a summary denial of appellant's rule 3.800(a) to correct illegal sentence. As is evident from our opinion, we concluded that the record was insufficient to establish if he had pled to a specific term of years or a mid-guidelines sentence under the 1995 guidelines which were declared unconstitutional in Heggs v. State, 759 So. 2d 620 (Fla. 2000). We certified conflict, and after our supreme court decided Banks v. State, 887 So. 2d 1191 (Fla. 2004), the supreme court quashed our decision and remanded the case to us for reconsideration under Banks. Because Banks involved a plea for a specific number of years, and this appellant argues that his plea was for a mid-guidelines sentence, Banks is not dispositive of the issue. We must still remand for an evidentiary hearing or addition record support showing appellant is not entitled to a hearing. Reversed.
GUNTHER and STONE, JJ., concur.
Not final until disposition of any timely filed motion for rehearing.