Bledsoe v. State

District Court of Appeal of Florida

Bledsoe v. State

762 So. 2d 598, 2000 Fla. App. LEXIS 9913, 2000 WL 1061988

CourtDistrict Court of Appeal of Florida

DecidedAugust 4, 2000

DocketNo. 5D00-1330

StatusPublished

This text of 762 So. 2d 598 (Bledsoe v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bledsoe v. State, 762 So. 2d 598, 2000 Fla. App. LEXIS 9913, 2000 WL 1061988 (Fla. Ct. App. 2000).

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Opinion

HARRIS, J.

Defendant, James Bledsoe, filed a Rule 8.800(a) motion alleging that his sentence was illegal under Heggs v. State, 759 So.2d 620 (Fla.2000). The trial court denied relief based on Bortel v. State, 743 So.2d 595 (Fla. 4th DCA 1999). However, the Florida Supreme Court has since disapproved Bortel and has held that defendants who committed offenses between October 1, 1995, and May 24, 1997, and were sentenced under the unconstitutional 1995 guidelines have standing to challenge their sentences. See Trapp v. State, 760 So.2d 924 (Fla.2000). Defendant has alleged a facially sufficient claim under Heggs and Trapp and the State correctly concedes that the trial court’s order must be reversed and the case remanded for a determination of whether defendant was adversely affected by the application of the unconstitutional guidelines.

REVERSED and REMANDED.

SAWAYA and PLEUS, JJ., concur.

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HARRIS, J.

Defendant, James Bledsoe, filed a Rule 8.800(a) motion alleging that his sentence was illegal under Heggs v. State, 759 So.2d 620 (Fla.2000). The trial court denied relief based on Bortel v. State, 743 So.2d 595 (Fla. 4th DCA 1999). However, the Florida Supreme Court has since disapproved Bortel and has held that defendants who committed offenses between October 1, 1995, and May 24, 1997, and were sentenced under the unconstitutional 1995 guidelines have standing to challenge their sentences. See Trapp v. State, 760 So.2d 924 (Fla.2000). Defendant has alleged a facially sufficient claim under Heggs and Trapp and the State correctly concedes that the trial court’s order must be reversed and the case remanded for a determination of whether defendant was adversely affected by the application of the unconstitutional guidelines.

REVERSED and REMANDED.

SAWAYA and PLEUS, JJ., concur.

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Bluebook (online)

762 So. 2d 598, 2000 Fla. App. LEXIS 9913, 2000 WL 1061988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bledsoe-v-state-fladistctapp-2000.

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