Davis v. State

552 So.2d 338 (1989)

Alvin DAVIS, Appellant,

v.

STATE of Florida, Appellee.

No. 88-2202.

District Court of Appeal of Florida, Fourth District.

November 22, 1989.

Alvin Davis, Belle Glade, pro se appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia G. Lampert, Asst. Atty. Gen., West Palm Beach, for appellee.

LETTS, Judge.

The defendant, by way of Florida Rules of Criminal Procedure 3.800 and 3.850, appeals the trial court's denial of his motion to correct an illegal sentence. We reverse.

In Smith v. State, 537 So.2d 982 (Fla. 1989), the supreme court held that the sentencing guidelines…