Henry v. State

The appellant challenges the trial court’s denial of his Florida Rule of Criminal Procedure 3.800(a) motion. We conclude that the appellant’s motion sets forth a color-able claim for relief on the theory that his guidelines sentence was the result of a calculation which was incorrect because it was performed pursuant to a version of the sentencing guidelines adopted in violation of the single-subject provision of the Florida constitution. In reaching this conclusion, we hold that the date on which the appellant claims his crimes were committed, January 9, 1997, falls within the window period…