Florida District Courts of Appeal, 2001

Ivory v. State

Ivory v. State
Florida District Courts of Appeal · Decided December 17, 2001 · Miner, Nortwick, Wolf
806 So. 2d 546; 2001 Fla. App. LEXIS 17758; 2001 WL 1598779 (Southern Reporter, Second Series)

Ivory v. State

Opinion of the Court

PER CURIAM.

The appellant challenges an order denying his motion to correct his illegal sentence. The appellant alleged that he is entitled to resentencing under Heggs v. State, 759 So.2d 620 (Fla. 2000). His of*547fense date of October 17, 1995, falls within the window period for claims under Heggs. See Trapp v. State, 760 So.2d 924 (Fla. 2000). The appellant alleged also that the sentence he received was greater than that available under the 1994 guidelines. The trial court denied the appellant’s motion, but failed to attach documents to the record to support its reasoning. Therefore, we REVERSE and REMAND to the trial court to attach portions of the record which conclusively refute the appellant’s claim or to reconsider the merits of the claim that he is entitled to relief under Heggs.

MINER, WOLF and VAN NORTWICK, JJ., concur.

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