768 So. 2d 501 | Fla. Dist. Ct. App. | 2000
Errick Murray appeals the dismissal of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse.
Murray challenges the legality of his sentence based on the fact that he was sentenced under the 1995 sentencing
Murray has stated a facially sufficient claim for relief. See Heggs v. State, 759 So.2d 620 (Fla.2000). We accordingly reverse and remand for the trial court to determine whether Murray in fact committed his offenses within the Heggs window and, if so, whether his sentence could not have been imposed under the 1994 guidelines without a departure. If the answers to both of these questions are affirmative, then Murray must be resentenced in accordance with the valid guidelines in existence at the time he committed his offenses. If the court enters an order declaring resentencing unnecessary, it should attach all documents necessary to reach that conclusion. See Smith v. State, 761 So.2d 419 (Fla. 2d DCA 2000).
Reversed and remanded.