Legal Opinion

Thornton v. State

District Court of Appeal of Florida

Decided January 30, 2002No. 4D01-2316Published

1Per curiam

James Thornton challenges his life sentences as illegal. He argues that they are based on the 1995 sentencing guidelines found unconstitutional in Heggs v. State, 759 So.2d 620 (Fla.2000). The record reflects that four of Thornton’s five offenses fall within the window period for this challenge. See Trapp v. State, 760 So.2d 924, 928 (Fla.2000) (window period began on October 1, 1995, and closed on May 24, 1997). The record does not support the state’s position that life sentences would have been imposed regardless of the sentencing guidelines.

Consequently, the case is reversed and remanded…

2Cases cited3 opinions

  1. Heggs v. StateSupreme Court of Florida · 2000
  2. Trapp v. StateSupreme Court of Florida · 2000
  3. Warren v. StateDistrict Court of Appeal of Florida · 2001

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