Cosby v. State

Kenneth Cosby appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Rule 3.800, Florida Rules of Criminal Procedure. Cosby alleges that his offense was committed on April 6, 1997, that he entered a plea of guilty based upon the promise that he would be sentenced in accordance with the low end of the sentencing guidelines, and that he was sentenced under the 1995 guidelines that were declared unconstitutional. See Heggs v. State, 759 So.2d 620 (Fla.2000).

The alleged date of Cosby’s crime was within the window period of October 1, 1995 to May 24, 1997 as…