Florida District Courts of Appeal, 2001

Byrd v. State

Byrd v. State
Florida District Courts of Appeal · Decided August 17, 2001 · Griffin, Peterson, Sawaya
791 So. 2d 1236; 2001 Fla. App. LEXIS 11486; 2001 WL 929874 (Southern Reporter, Second Series)

Byrd v. State

Opinion of the Court

GRIFFIN, J.

Appellant complains on appeal that in granting him sentencing relief pursuant to Heggs v. State, 759 So.2d 620 (Fla. 2000), which was requested in appellant’s Rule 3.850 motion, the lower court erred by refusing to consider, indeed by denying, all other grounds for relief. It appears the trial judge intended that any remaining issue would be raised again after the appeal of the resentencing. Appellant has not appealed the resentencing, however; rather, he seeks a ruling on any issue not mooted by the resentencing, which he is entitled to have. Accordingly, we vacate the order denying relief on any grounds not made moot by resentencing and remand for consideration on their merits.

REVERSED and REMANDED.

PETERSON and SAWAYA, JJ., concur.

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