Legal Opinion

Shirley v. State

District Court of Appeal of Florida

Decided December 27, 2002No. 2D01-3144PublishedCited by 1 opinion

1Opinion of the Court

COVINGTON, Judge.

John Shirley appeals the sentences that were imposed after this court remanded his case for resentencing. See Shirley v. State, 775 So.2d 366 (Fla. 2d DCA 2000). Shirley contends that the trial court improperly resentenced him using the 1995 sentencing guidelines even though the offenses occurred or began during the window period set forth in Heggs v. State, 759 So.2d 620 (Fla.2000), and Trapp v. State, 760 So.2d 924 (Fla.2000). The State properly confesses error. Shirley’s sentences are therefore reversed, and this cause is remanded for resentencing under the guidelines that…

2Cases cited3 opinions

  1. Heggs v. StateSupreme Court of Florida · 2000
  2. Trapp v. StateSupreme Court of Florida · 2000
  3. Shirley v. StateDistrict Court of Appeal of Florida · 2000

3Cited by1 opinion

  1. Tindle v. StateDistrict Court of Appeal of Florida · 2002

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