Smarr v. State

Bennie R. Smarr appeals the trial court’s denial of his motion for correction of his sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because Smarr is entitled to be resentenced under Heggs v. State, 759 So.2d 620 (Fla.2000), we reverse.

Smarr was convicted of two counts of sexual battery on a child under the age of sixteen while in a position of familial authority and one count of incest. He was sentenced under the 1995 guidelines. The trial court noted that one of the sexual batteries occurred after the constitutional infirmities in the guidelines were cured. See Trapp…