Cutts v. State
Cutts v. State
Opinion of the Court
Gregory A. Cutts appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 and his resentencing pursuant to Heggs v. State, 759 So.2d 620 (Fla. 2000). We affirm the denial of his rule 3.850 motion without discussion, but we reverse and remand for resentencing.
As a result of his postconviction motion, Cutts was granted Heggs resentencing on two sexual battery convictions from 1999. At the resentencing, the trial court scored a violation of probation for solicitation to sell cocaine and a violation of probation for resisting an officer with violence as additional offenses because they had been pending before the trial court for sentencing at the time of Cutts’s original sentencing on the sexual batteries in 1999. On appeal, Cutts argues that upon resentenc-
Affirmed in part, reversed in part, and remanded.
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