Florida District Courts of Appeal, 2000

Demesmin v. State

Demesmin v. State
Florida District Courts of Appeal · Decided July 26, 2000 · Dell, Stevenson, Warner
762 So. 2d 1035; 2000 Fla. App. LEXIS 9420; 2000 WL 1022295 (Southern Reporter, Second Series)

Demesmin v. State

Opinion of the Court

PER CURIAM.

We reverse the order denying Fitolay Demesmin’s motion to correct illegal sentence. The state agrees that his offenses were committed within the window period during which the 1995 amendments to the sentencing guidelines were unconstitutional. Trapp v. State, 760 So.2d 924 (Fla. 2000). On remand, the trial court shall determine whether resentencing is required. See, Speed v. State, So.2d - 2000 WL 873307 (Fla. 4th DCA July 5, 2000); Smith v. State, 761 So.2d 419 (Fla. 2d DCA 2000).

WARNER, C.J., DELL and STEVENSON, JJ., concur.

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