Dewberry v. State

WIGGINTON, Judge.

Appellant appeals the trial court’s order denying his motion for post-conviction relief, or in the alternative, his motion to correct illegal sentence under Rule 3.800(a). On appeal, appellant argues that in denying the motion, the trial court overlooked his argument made pursuant to Smith v. State, 537 So.2d 982 (Fla.1989), that his guideline sentence is illegal. The state concedes the point, asserting, that the trial court should have addressed the sentencing issue where the motion showed that appellant’s crimes were committed prior to the July 1, 1984, effective date as…