Plute v. State

Frank Charles Piute challenges the trial court’s order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Piute claims that his sentence under the 1995 sentencing guidelines is illegal because chapter 95-184, Laws of Florida, violated the single-subject provision of article III, section 6, of the Florida Constitution.

The trial court’s order denied Piute relief because his sentencing date did not fall within the window period outlined in Heggs v. State, 718 So.2d 263 (Fla. 2d DCA 1998). The supreme court recently announced that chapter…