Cabanela v. State

District Court of Appeal of Florida

Cabanela v. State

785 So. 2d 1263, 2001 Fla. App. LEXIS 7738, 2001 WL 609631

CourtDistrict Court of Appeal of Florida

DecidedJune 6, 2001

DocketNo. 3D99-2322

StatusPublished

Cited by1 cases

This text of 785 So. 2d 1263 (Cabanela 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

Cabanela v. State, 785 So. 2d 1263, 2001 Fla. App. LEXIS 7738, 2001 WL 609631 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

As the State correctly concedes, since the defendant’s offenses were committed on August 1, 1996, this defendant’s offense date falls within the window period for challenging the sentence pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000).

Accordingly, and pursuant to Heggs, the sentence imposed in this case must be reversed and remanded to the trial court for re-sentencing in accordance with the valid laws that were in effect on the date that he committed the offense.

As to all other points raised by the appellant in this appeal, we find an absence of merit and, accordingly, affirm the judgment and conviction in all respects.

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PER CURIAM.

As the State correctly concedes, since the defendant’s offenses were committed on August 1, 1996, this defendant’s offense date falls within the window period for challenging the sentence pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000).

Accordingly, and pursuant to Heggs, the sentence imposed in this case must be reversed and remanded to the trial court for re-sentencing in accordance with the valid laws that were in effect on the date that he committed the offense.

As to all other points raised by the appellant in this appeal, we find an absence of merit and, accordingly, affirm the judgment and conviction in all respects.

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785 So. 2d 1263, 2001 Fla. App. LEXIS 7738, 2001 WL 609631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cabanela-v-state-fladistctapp-2001.

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