Summary
reversing summary denial of motion to correct sentence and stating that "`house of ill fame' statute had been declared unconstitutional on its face" and therefore "Heflin's convictions constitute fundamental error and should be vacated"
Summary of this case from Pass v. StateOpinion
No. 92-00455.
March 6, 1992.
Appeal from the Circuit Court, Hillsborough County, B. Anderson Mitcham, J.
Marion Heflin appeals the summary denial of her motion to correct sentence. We reverse.
Heflin was convicted in 1986 of multiple offenses including "keeping a house of ill fame." § 796.01, Fla. Stat. (1989). She is presently imprisoned for violating the probationary portion of the split sentence she received at that time.
The "house of ill fame" statute has been declared unconstitutional on its face. Warren v. State, 572 So.2d 1376 (Fla. 1991). As a result Heflin's convictions constitute fundamental error and should be vacated. Bell v. State, 585 So.2d 1125 (Fla. 2d DCA 1991). Since her sentencing guideline scoresheet included points for this offense, she also must be resentenced on the remaining charges.
Reversed.
SCHOONOVER, C.J., and HALL and THREADGILL, JJ., concur.