Ali v. State
Ali v. State
Opinion of the Court
Bilal Siddiq Ali appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Ali was sentenced on November 1, 1997, under the 1995 sentencing guidelines for an offense that apparently occurred on March 5,1997. The trial court denied the motion relying on our decision in Heggs v. State, 718 So.2d 263 (Fla. 2d DCA 1998),
We remand for the trial court to determine whether Ali 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 Ali 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 resentenc-
We affirm the denial of Ali’s second claim without discussion.
Affirmed in part, reversed in part, and remanded for further proceedings in accordance with this opinion.
. Appeal decided by 759 So.2d 620 (Fla. 2000).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.