Strouse v. State

Warren Strouse timely appeals after the trial court resentenced him to 132.75 months in prison, followed by five years probation. Strouse had been originally sentenced to twenty years in prison pursuant to guidelines which were declared unconstitutional in Heggs v. State, 759 So.2d 620 (Fla.2000). On resentencing, however, the trial court was under the misapprehension that the 85% rule1 did not apply to the 1994 guidelines. See Cook v. State, 767 So.2d 572 (Fla. 4th DCA 2000); Clements v. State, 761 So.2d 1245 (Fla. 2d DCA 2000). Because the record shows that the court sentenced Strouse due,…