Kahm v. State

Kahm appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He alleges that the 1995 sentencing guidelines used to calculate his guidelines sentence were unconstitutional and therefore he must be resentenced pursuant to the 1994 sentencing guidelines. The trial judge denied Kahm’s motion, because the sentence was imposed pursuant to a plea colloquy. However, the plea colloquy also included a statement that the agreed-upon sentence was within the guidelines.

Kahm may therefore be entitled to relief. However, Kahm has failed to allege the…