Opinion
No. 2D98-1255
Opinion filed August 18, 2000.
Appeal from the Circuit Court for Lee County; William J. Nelson, Judge.
James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.
Michael Dean Kelly appeals the judgment and sentence for an offense committed on January 20, 1997. We affirm the conviction without discussion. However, Kelly was sentenced under the 1995 guidelines which have been declared to be unconstitutional. See Heggs v. State, 25 Fla. Law Weekly S137 (Fla. May 4, 2000). Accordingly, this matter must be remanded for the trial court to reconsider the sentence imposed in accordance with Heggs. See Smith v. State, 25 Fla. Law Weekly D1273 (Fla. 2d DCA May 24, 2000).
CAMPBELL, A.C.J., and BENNETT, ROBERT B., JR., ASSOCIATE JUDGE, Concur.