Florida District Courts of Appeal, 2001

Taite v. State

Taite v. State
Florida District Courts of Appeal · Decided April 5, 2001 · Allen, Nortwick, Polston
782 So. 2d 519; 2001 Fla. App. LEXIS 4330; 2001 WL 325085 (Southern Reporter, Second Series)

Taite v. State

Opinion of the Court

PER CURIAM.

The appellant challenges an order denying his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3 .800(a). The appellant sought resentencing under the 1994 guidelines pursuant to Heggs v. State, 759 So.2d 620 (Fla. 2000). The trial court denied the motion because the appellant was sentenced as a habitual felony offender and therefore was not sentenced pursuant to the sentencing guidelines. However, the trial court failed to attach the original sentencing order designating the appellant as a habitual felony offender.

Because the appellant has stated a facially sufficient claim under Heggs, we reverse the order under review and remand this case for the trial court’s further consideration of the motion.

REVERSED and REMANDED.

ALLEN, VAN NORTWICK and POLSTON, JJ., concur.

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