Higbee v. State

Kevin P. Higbee appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In his motion, Higbee asserts that he was convicted, after a jury trial, of two counts of burglary/possession of stolen property and burglary of a dwelling. He asserts that he committed these crimes after October 1, 1995, and before May 24,1997, and that he was sentenced under the 1995 sentencing guidelines. Higbee contends that these guidelines are unconstitutional because the Legislature’s enactment of chapter 95-184, Laws of Florida, violated…