Williams v. State

The Defendant contends the trial court erred in re-sentencing him without first holding a hearing as required under Heggs v. State, 759 So.2d 620 (Fla.2000). We agree.

The State conceded that, under Heggs, the Defendant was entitled to be re-sentenced under the 1994 sentencing guidelines. Thus, the State recommended a sentence ranging from 30.3 months to 50.5 months, higher than what the Defendant had calculated.

Without holding a hearing, the trial court granted the Defendant’s motion and vacated his sentence. The court stated in its order, “The Court has reviewed the matter fully and has full…