Florida District Courts of Appeal, 2000

Kelly v. State

Florida District Courts of Appeal · Decided August 18, 2000 · Bennett, Campbell, Robert, Salcines

765 So. 2d 882; 2000 Fla. App. LEXIS 10650; 2000 WL 1162048 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Kelly v. State (Fla. Dist. Ct. App. 2001)
Cuebas v. UNEMPLOYMENT APPEALS COM'N (Fla. Dist. Ct. App. 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

SALCINES, Judge.

Michael Dean Kelly appeals the judgment and sentence for an offense committed on January 20, 1997. We affirm the conviction without discussion. However, Kelly was sentenced under the 1995 guidelines which have been declared to be unconstitutional. See Heggs v. State, 759 So.2d 620 (Fla. 2000). Accordingly, this matter must be remanded for the trial court to reconsider the sentence imposed in accordance with Heggs. See Smith v. State, 761 So.2d 419 (Fla. 2d DCA 2000).

CAMPBELL, A.C.J., and BENNETT, ROBERT B., Jr., Associate Judge, Concur.

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