Shirley v. State
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JOHN SHIRLEY, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D01-3144 Opinion filed December 27, 2002. Appeal from the Circuit Court for Pinellas County; Philip J. Federico, Judge. James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant. Richard E. Doran, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee. COVINGTON, Judge. John Shirley appeals the sentences that were imposed after this court remanded his case for resentencing. See Shirley v. State, 775 So. 2d 366 (Fla. 2d DCA 2000). Shirley contends that the trial court improperly resentenced him using the 1995 sentencing guidelines even though the offenses occurred or began during the window period set forth in Heggs v. State, 759 So. 2d 620 (Fla. 2000), and Trapp v. State, 760 So. 2d 924 (Fla. 2000). The State properly confesses error. Shirley s sentences are therefore reversed, and this cause is remanded for resentencing under the guidelines that were valid on the dates of Shirley s offenses. See Trapp, 760 So. 2d at 928. Reversed and remanded. BLUE, C.J., and DAVIS, J., Concur. -2-
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