Florida District Courts of Appeal, 2000

Green v. State

Green v. State
Florida District Courts of Appeal · Decided September 6, 2000 · Polen, Taylor, Warner
765 So. 2d 982; 2000 Fla. App. LEXIS 11331; 2000 WL 1258292 (Southern Reporter, Second Series)

Green v. State

Opinion of the Court

PER CURIAM.

We reverse the order denying appellant’s motion to correct illegal sentence. The state agrees that 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 resentencing is required. See Speed v. State, 764 So.2d 873 (Fla. 4th DCA 2000); Smith v. State, 761 So.2d 419 (Fla. 2d DCA 2000).

WARNER, C.J., POLEN and TAYLOR, JJ., concur.

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