Flanagan v. State

BLUE, Judge.

Robert Flanagan appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Flanagan alleges that he is entitled to be resentenced pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000). The trial court summarily denied this claim, finding that his sentence could have been imposed under the 1994 guidelines. See Heggs, 759 So.2d at 627. For the reasons explained below, we reverse and remand for further proceedings.

First, we note that the trial court failed to attach a copy of the 1995 sentencing guidelines. A…