Gray v. State

Jay Austin Gray appeals the denial of his Rule 3.800(a) motion. We reverse with directions to the trial court.

Gray entered pleas of guilty to Felony DUI, and Driving While License Suspended, Revoked, or Canceled (“DWLS”). The trial court sentenced him in May 1997 to a 75 month sentence for the Felony DUI, and time served for the DWLS. In April 2000, Gray filed a Rule 3.800 motion to correct illegal sentence, arguing that he was entitled to be resentenced pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000). In Heggs, the supreme court held the “Crime Control Act of 1995,” Chapter 95-184, Laws…