Lopez v. State

The appellant challenges the trial court’s order summarily denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the appellant has stated a facially sufficient claim that he is entitled to resentencing under the 1994 guidelines, we reverse.

In the instant rule 3.800 motion, the appellant alleges that the face of the record will demonstrate that he pled to a guidelines sentence rather than a specific term of years. He avers that he was sentenced under the unconstitutional 1995 guidelines and that his sentence constitutes a…