Hartman v. State

Gema Hartman (defendant) appeals from an order denying her motion to correct illegal sentence. She contends that her sentence is illegal upon the authority of Heggs v. State, 759 So.2d 620 (Fla.2000). We reverse and remand for further proceedings.

The trial court denied the defendant’s motion on the basis that she committed the crime of grand theft in the first degree on May 12, 1998, which was outside the window period for raising a Heggs challenge. See Trapp v. State, 760 So.2d 924 (Fla.2000)(window period for challenging the sentencing guidelines provisions amended in chapter 95-184, Laws…