Fuller v. State
Fuller v. State
Opinion of the Court
Michael Anthony Fuller appeals the summary denial of his motion to correct an illegal sentence pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure. The trial court did not have the benefit of Trapp v. State, 760 So.2d 924 (Fla. 2000), when it disagreed with Fuller’s contention that his sentence of 68 months incarceration was a departure sentence under the 1994 guidelines. Fuller was sentenced under the 1995 guidelines for a crime committed on May 20, 1997. The 1995 guidelines were declared unconstitutional in Heggs v. State, 759 So.2d 620 (Fla. 2000).
We vacate the order denying relief and remand to the trial court for reconsideration in light of the decision in Trapp.
ORDER VACATED; REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.