Benton v. State

Xavier Renard Benton appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Benton alleges that he was sentenced under the 1995 sentencing guidelines for an offense that occurred during the period in which the guidelines were unconstitutional. See Heggs v. State, 759 So.2d 620 (Fla.2000).

The trial court denied the motion relying on Valdes v. State, 728 So.2d 1225 (Fla. 3d DCA 1999), which has since been quashed by the supreme court. See Valdes v. State, 759 So.2d 684 (Fla.2000). We therefore reverse and remand for…