Benning v. State

PARKER, Acting Chief Judge.

Michael Benning filed a notice of appeal of his judgment and sentence for aggravated battery, and the parties filed briefs pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Although the parties agree that no meritorious grounds exist on appeal, this court’s independent review of the record reveals that Benning was sentenced pursuant to guidelines which have since been declared unconstitutional. Because Ben-ning’s sentence is potentially fundamental error, we remand for reconsideration of sentence.1

The offense in this case was…