Florida District Courts of Appeal, 2000

McMillian v. State

McMillian v. State
Florida District Courts of Appeal · Decided June 16, 2000 · Campbell, Green, Northcutt
760 So. 2d 297; 2000 Fla. App. LEXIS 7388; 2000 WL 770470 (Southern Reporter, Second Series)

McMillian v. State

Opinion of the Court

NORTHCUTT, Judge.

Nathaniel McMillian appeals his conviction and sentence for a July 24, 1996 manslaughter, and the State cross-appeals the trial court’s order in limine excluding McMillian’s admission that he had shot the victim. We affirm without discussion McMillian’s conviction and the point on cross-appeal.

In the remaining issue, McMillian challenges the validity of his sentence under the 1995 sentencing guidelines. The Florida Supreme Court recently held that the 1995 sentencing guidelines were unconstitutional. See Heggs v. State, 759 So.2d 620 (Fla. 2000). Therefore, we remand for a reconsideration of McMillian’s sentence, which shall be conducted as prescribed in Smith v. State, 761 So.2d 419 (Fla. 2d DCA 2000).

CAMPBELL, A.C.J., and GREEN, J., Concur.

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