Vareia v. State

Full title: TAMMY M. VAREIA, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Dec 20, 2000

No. 3D00-2947 (Fla. Dist. Ct. App. Dec. 20, 2000)

Opinion

No. 3D00-2947.

Opinion filed December 20, 2000.

An Appeal under Fla.R.App.P. 9.140(i) from the Circuit Court of Miami-Dade County, Robert M. Deehl, Judge, Lower Tribunal No. 96-23322.

Reversed and remanded.

Tammy M. Vareia, in proper person.

Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee.

Before Levy, Goderich, and Ramirez, JJ.

PER CURIAM.

Vareia challenges the trial court's summary denial of her petition for postconviction relief challenging her sentence under Heggs v. State, 759 So.2d 620 (Fla. 2000). We vacate appellant's sentence and remand for recalculation of appellant's scoresheet, and for resentencing, or withdrawal of appellant's plea at trial, if necessary. Because appellant's sentence was the result of a negotiated plea, on remand the State shall have the option of agreeing to a guidelines sentence under the 1994 guidelines, or withdrawing from the plea bargain and taking appellant to trial. See Buckingham v. State, 25 Fla. L. Weekly D2495 (Fla. 2d DCA Oct. 18, 2000); Gibson v. State, 25 Fla. L. Weekly D2268 (Fla. 2d DCA Sept. 22, 2000); Spacco v. State, 762 So.2d 597 (Fla. 5th DCA 2000).