Polite v. State
Polite v. State
Opinion of the Court
Donte Polite appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Polite was sentenced on January 12, 1998, under the 1995 sentencing guidelines
We remand for the trial" court to determine whether Polite in fact committed his offense within the Heggs window, and, if so, whether his sentence could not have been imposed under the 1994 guidelines without a departure. If the answers to both of. these questions are affirmative, then Polite must be resentenced in accordance with the valid guidelines in existence at the time he committed his offense. If the court enters an order declaring resen-tencing unnecessary, it should attach all documents necessary to reach that conclusion. See Smith, 761 So.2d 419.
Reversed and remanded for further proceedings in accordance with this opinion.
. The form motion filed by Polite suggests that he received a habitual offender sentence. The written judgment and sentence, however, indicate that he did not receive a habitual offender sentence.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.