Bynum v. State

COPE, Judge.

Bobby Bynum appeals the denial of his motion to correct illegal sentence under Rule 3.800, Florida Rules of Criminal Procedure. We reverse.

Defendant was given a downward departure sentence pursuant to a plea agreement on June 12, 1984.* In 1990, he filed a Rule *11933.800 motion, contending that his sentence was illegal given the Florida Supreme Court’s decision in Smith v. State, 537 So.2d 982 (Fla.1989). Smith held that the sentencing guidelines were constitutionally invalid prior to July 1, 1984. Id. at 987-88. Defendant contends that he is entitled to be resentenced. We agree.

The…