Legal Opinion
Speights v. State
District Court of Appeal of Florida
Decided October 17, 2012No. 2D11-4021PublishedCited by 1 opinion
1Opinion of the Court
DAVIS, Judge.
Herman Speights challenges an order denying his motion to correct illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). Speights was convicted of three counts of sexual battery with force and one count of aggravated assault based on events that took place on December 3, 1984. Because Speights’ sentences for the three counts of sexual battery were illegal since they were based on an incorrect guidelines scoresheet, we reverse the denial of his motion to correct illegal sentence, vacate the sentences for the sexual battery convictions, and remand for…
2Cases cited23 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Galindez v. StateSupreme Court of Florida · 2007
- Brooks v. StateSupreme Court of Florida · 2007
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3Cited by1 opinion
- DAVID WEEKS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018