Taite v. State
Taite v. State
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.