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STROUSE v. STATE

Nos. 4D00-2338, 4D00-2358, 4D00-2360, 4D00-2361 and 4D00-2421.

789 So.2d 525 (2001)

Warren STROUSE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 18, 2001.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

POLEN, C.J.

Warren Strouse timely appeals after the trial court resentenced him to 132.75 months in prison, followed by five years probation. Strouse had been originally sentenced to twenty years in prison pursuant to guidelines which were declared unconstitutional in Heggs v. State, 759 So.2d 620 (Fla.2000). On resentencing, however, the trial court was under the misapprehension that the 85% rule1

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