Florida District Courts of Appeal, 2000

Rodriguez v. State

Rodriguez v. State
Florida District Courts of Appeal · Decided August 2, 2000 · Klein, Stone, Taylor
762 So. 2d 1067; 2000 Fla. App. LEXIS 9634; 2000 WL 1060410 (Southern Reporter, Second Series)

Rodriguez v. State

Opinion of the Court

PER CURIAM.

We reverse the order denying Appellant’s motion to correct illegal sentence. Appellant’s' offense was 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 re-sentencing is required. See Speed v. State, 764 So.2d 873 (Fla. 4th DCA 2000).

STONE,.KLEIN, and TAYLOR, JJ., concur.

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