Benson v. State

PARKER, Judge.

Angela Benson challenges the sentence imposed after a jury found her guilty of two counts of third-degree murder and one count each of leaving the scene of an accident with injury or death, aggravated fleeing to elude, driving without a license, and grand theft. We remand for the trial court to determine whether Benson is entitled to be resentenced because the sentencing guidelines the trial court used are unconstitutional.

In sentencing Benson, the trial court relied upon the sentencing guidelines as amended in 1995 by chapter 95-184, Laws of Florida. However, the Florida…