SMITH v. STATE

No. 5D00-1439.

765 So.2d 308 (2000)

Terrance SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 8, 2000.


Attorney(s) appearing for the Case

Terrance Smith, Bowling Green, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.


THOMPSON, C.J.

Terrance Smith appeals the summary denial of his motion filed pursuant to Florida Rules of Criminal Procedure 3.800(a). Smith alleged that he was sentenced on 3 July 1997 under the 1995 guidelines which have been held to be unconstitutional. See Heggs v. State, 759 So.2d 620 (Fla.2000).

The state argues that Smith did not allege in his motion, as required by Heggs, the date of his offense or...

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