Legal Opinion

Hickmon v. State

District Court of Appeal of Florida

Decided August 31, 2000No. 5D00-1636Published

1Per curiam

Hickmon appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a).1 He alleges that he is entitled to relief under Heggs v. State, 759 So.2d 620 (Fla.2000). These allegations are sufficient pursuant to Parker v. State, 767 So.2d 532 (Fla. 5th DCA 2000). The trial court acknowledged that if the longer window period applied, he would reconsider the case. Since the Florida Supreme Court has now ruled the longer window period is the correct one to apply,2 we reverse and remand for further consideration by the trial court.

REVERSED and REMANDED.

W.…

2Cases cited7 opinions

  1. Heggs v. StateSupreme Court of Florida · 2000
  2. Trapp v. StateSupreme Court of Florida · 2000
  3. State v. CallawaySupreme Court of Florida · 1995
  4. Parker v. StateDistrict Court of Appeal of Florida · 2000
  5. Lancaster v. StateDistrict Court of Appeal of Florida · 2000

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