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Bond v. State

District Court of Appeal of Florida, Second District
Jun 23, 2000
775 So. 2d 327 (Fla. Dist. Ct. App. 2000)

Opinion

No. 2D97-03785.

June 23, 2000.

Appeal from the Circuit Court for Polk County; Ronald A. Herring, Judge.

John S. Lynch, Lakeland, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia E. Davenport, Assistant Attorney General, Tampa, for Appellee.


Ainsley Andre Bond appeals his judgment and sentences for manslaughter and grand theft. Among other things, Bond challenges the constitutionality of the 1995 sentencing guidelines. We find merit to this point alone, and remand for reconsideration of sentence pursuant to Heggs v. State, 759 So.2d 620 (Fla. 2000), revised by 25 Fla. L. Weekly S359 (Fla. May 4, 2000).

Bond's offenses occurred on November 13, 1996. Because this date falls between October 1, 1995, and May 24, 1997, Bond may be entitled to relief under Heggs if the sentence imposed would be a departure sentence under the 1994 guidelines. See Smith v. State, 761 So.2d 419 (Fla. 2d DCA 2000) (addressing window period for Heggs issues). Thus, we remand this case to the trial court to calculate a new scoresheet. See id.

Remanded for reconsideration of sentence in accordance with Heggs.

WHATLEY, J., and SCHEB, JOHN M. (Senior) Judge.


Summaries of

Bond v. State

District Court of Appeal of Florida, Second District
Jun 23, 2000
775 So. 2d 327 (Fla. Dist. Ct. App. 2000)
Case details for

Bond v. State

Case Details

Full title:Ainsley Andre BOND, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jun 23, 2000

Citations

775 So. 2d 327 (Fla. Dist. Ct. App. 2000)