Diaz v. State

Cornelio Diaz timely appeals the second summary denial of his postconviction motion. The first order was reversed in Diaz v. State, 766 So.2d 246 (Fla. 4th DCA 2000). On remand, the trial court again denied the motion without holding an evi-dentiary hearing but adopted and attached to its order the state’s response to the motion. We reverse the order only insofar as it denied Diaz’ claim for resentencing under Heggs v. State, 759 So.2d 620 (Fla. 2000).

The trial court found that Diaz’ offenses were committed during the window period when the 1995 sentencing guidelines were unconstitutional,…