Shepard v. State

Appellant challenges the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He alleges that his sentence is illegal under Heggs v. State, 759 So.2d 620 (Fla.2000). Because the record does not conclusively refute the appellant’s claim, we reverse.

In order to state a cognizable claim under Heggs, one must allege that the offense at issue was committed within the window period set out in Trapp v. State, 760 So.2d 924, 928 (Fla.2000), and that the resulting sentence constitutes a departure from the 1994 sentencing guidelines.…