Wheeler v. State

Wheeler appeals from an order of the trial court denying his motion to correct his sentence pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for resentencing within the guidelines.

While on parole, Wheeler killed a fourteen-year-old boy. Wheeler pled guilty to a reduced charge of second-degree murder with a firearm. The recommended guidelines sentence was twenty-two to twenty-seven years’ incarceration. The trial court sentenced Wheeler to a term of life imprisonment and gave as reasons for its upward departure the youth of the victim and Wheeler’s status as a…