Florida District Courts of Appeal, 2002

Pettis v. State

Pettis v. State
Florida District Courts of Appeal · Decided October 9, 2002 · Hazouri, Taylor
827 So. 2d 385; 2002 Fla. App. LEXIS 14596; 2002 WL 31255421 (Southern Reporter, Second Series)

Pettis v. State

Opinion of the Court

PER CURIAM.

Derrick Pettis seeks review of an order that denied his motion to correct illegal sentence. See Fla.R.Crim.P. 3.800(b). With respect to offenses committed in March 1996, Pettis alleged that he was entitled to resentencing because he was sentenced to a guidelines departure sentence under the unconstitutional 1995 guidelines. See Heggs v. State, 759 So.2d 620 (Fla. 2000); Trapp v. State, 760 So.2d 924, 928 (Fla. 2000).

The state conceded below that Pettis was entitled to resentencing. The trial court denied relief. Having reviewed the record, we agree with the state that Pettis should be resentenced.

Accordingly, the cause is REVERSED and REMANDED for resentencing.

TAYLOR, HAZOURI and MAY, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.