Florida District Courts of Appeal, 2001

Ayala v. State

Ayala v. State
Florida District Courts of Appeal · Decided February 28, 2001 · Casanueva, Northcutt, Patterson
787 So. 2d 60; 2001 Fla. App. LEXIS 2089; 2001 WL 193786 (Southern Reporter, Second Series)

Ayala v. State

Opinion of the Court

PER CURIAM.

Angel Ayala appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), in which he claims that he is entitled to be resentenced pursuant to Heggs v. State, 759 So.2d 620 (Fla. 2000). The trial court denied Ayala’s motion, stating that his sentence is not a departure sentence under the 1994 guidelines. However, the trial court did not attach any documents from the court file to support its ruling. *61We therefore reverse and remand. Upon remand, if the trial court once again determines that Ayala does not qualify for relief, it must attach copies of Ayala’s original sentencing scoresheet and the 1994 scoresheet that the trial court used in evaluating Ayala’s claim.

Reversed and remanded.

PATTERSON, C.J., and NORTHCUTT and CASANUEVA, JJ., concur.

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