Sheely v. State

820 So.2d 1080 (2002)

Larry J. SHEELY, Appellant,

v.

STATE of Florida, Appellee.

No. 2D02-1448.

District Court of Appeal of Florida, Second District.

July 17, 2002.

STRINGER, Judge.

Larry Sheely appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Relying on Smith v. State, 537 So.2d 982 (Fla.1989), Sheely contends that his sentence is illegal because the sentencing guidelines had not been constitutionally created on the date of the commission of his criminal offenses. We reverse because Smith entitles Sheely to be…