Shiva v. State

ON RECONSIDERATION ON MANDATE FROM THE SUPREME COURT OF FLORIDA

The Supreme Court of Florida quashed this court’s previous opinion1 and remanded for reconsideration in light of its decision in Banks v. State, 887 So.2d 1191 (Fla.2004).

Pursuant to a negotiated plea, Basdeo Shiva (Defendant) entered a nolo conten-dere plea to offenses committed on December 20, 1996, and was sentenced to 64.2 months in prison followed by probation. After the supreme court issued Heggs v. State, 759 So.2d 620 (Fla.2000) (sustaining a constitutional challenge to the 1995 sentencing guidelines, enacted by chapter…