Smith v. State

Appellant, Michael Don Smith, appeals the summary denial of his Rule 3.800(a) motion. Defendant alleges that he committed the felony in question on March 4, 1996 and was sentenced under the 1995 amendment to the guidelines to 30 years or 360 months. He states that the 1995 guidelines are unconstitutional and that his sentence was affected because under the 1995 guidelines, his sentencing guidelines range was 273.75 to 456.25, and, under the 1994 guidelines, the range would be reduced to 163.2 to 272 months.

The trial court denied defendant’s motion, ruling that his sentence was not illegal…