Pham v. State

District Court of Appeal of Florida

Pham v. State

762 So. 2d 597, 2000 Fla. App. LEXIS 9909, 2000 WL 1071818

District Court of Appeal of Florida·Decided August 4, 2000·No. No. 5D00-1468·Published·Cited by 1 cases

Opinion

THOMPSON, C.J.,

Due M. Pham appeals the denial of his motion for post-conviction relief pursuant to rule 3.850, Florida Rules of Criminal Procedure. He contends that he was sentenced to 64.2 months in prison under the 1995 sentencing guidelines, and that under the 1994 guidelines, the maximum sentence would have been 45.7 months incarceration. We reverse and remand for further proceedings consistent with Heggs v. State, 759 So.2d 620 (Fla.2000), and Parker v. State, Case No. 5D99-3349, — So.2d -, 2000 WL 1144594 (Fla. Aug. 11, 2000).

REVERSED and REMANDED.

COBB and W. SHARP, JJ., concur.

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THOMPSON, C.J.,

Due M. Pham appeals the denial of his motion for post-conviction relief pursuant to rule 3.850, Florida Rules of Criminal Procedure. He contends that he was sentenced to 64.2 months in prison under the 1995 sentencing guidelines, and that under the 1994 guidelines, the maximum sentence would have been 45.7 months incarceration. We reverse and remand for further proceedings consistent with Heggs v. State, 759 So.2d 620 (Fla.2000), and Parker v. State, Case No. 5D99-3349, — So.2d -, 2000 WL 1144594 (Fla. Aug. 11, 2000).

REVERSED and REMANDED.

COBB and W. SHARP, JJ., concur.

Pham v. State, 762 So. 2d 597, 2000 Fla. App. LEXIS 9909, 2000 WL 1071818 (Fla. Ct. App. 2000).

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Opinion

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