Cooper v. State

This is an appeal from an order summarily denying a postconviction motion under rule 3.800(a) of the Florida Rules of Criminal Procedure. We conclude that the defendant is entitled to relief. He was sentenced under the version of the sentencing guidelines declared unconstitutional in Heggs v. State, 759 So.2d 620 (Fla. 2000) and the sentence he received cannot be justified under the prior version of the guidelines.

The defendant, Joseph Buoy Cooper, was charged by information with the crimes of attempted robbery and aggravated battery with a firearm. According to the information, the defendant…