Chavis v. State

796 So.2d 607 (2001)

Donald Ray CHAVIS, Appellant,

v.

STATE of Florida, Appellee.

No. 2D01-2726.

District Court of Appeal of Florida, Second District.

September 21, 2001.

Donald Ray Chavis seeks review of the trial court's order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Chavis argues that the trial court erred in finding that he was not entitled to resentencing under Heggs v. State, 759 So.2d 620 (Fla.2000). We agree and reverse.

In April 1998 Chavis pleaded guilty to sexual activity with a child in familial or custodial relationship…