Hinkle v. State

Appellant was convicted of first-degree murder, attempted first-degree murder and armed burglary. In his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800, he claims that his sentences on counts II and III are illegal because he was sentenced under the sentencing guidelines when they were not in effect at the time of the commission of the offenses; he further claims that because the sentencing guidelines were adopted by the legislature prior to the date of his initial sentencing, he is entitled, upon resentencing, to either elect to be sentenced…