JESUS CABANELA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JESUS CABANELA, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
785 So. 2d 1263
Florida District Court of Appeal, Third District (2001)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
As the State correctly concedes, since the defendant’s offenses were committed on August 1, 1996, this defendant’s offense date falls within the window period for challenging the sentence pursuant to Heggs v. State, 759 So. 2d 620 (Fla.2000).
Accordingly, and pursuant to Heggs, the sentence imposed in this case must be reversed and remanded to the trial court for re-sentencing in accordance with the valid laws that were in effect on the date that he committed the offense.
As to all other points raised by the appellant in this appeal, we find an absence of merit and, accordingly, affirm the judgment and conviction in all respects.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cabanela v. State, 871 So. 2d 279 (Fla. 3d DCA 2004)…rmed his convictions, but remanded for resentencing because the State properly conceded error in that this cause was governed by the 1994 sentencing guidelines, rather than the 1995 sentencing guidelines by which he was sentenced. Cabanela v. State, 785 So. 2d 1263 (Fla. 3d DCA 2001). The trial court resentenced Cabanela to 11.6 years in state prison based upon a scoresheet that reflected one of the four counts of lewd assault as the primary offense and the other three counts of lewd assault as additional off…
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Evelio Rodriguez-Grave v. State, 847 So. 2d 564 (Fla. 3d DCA 2003)…la. 3d DCA 2003); Orellanes v. State, 790 So. 2d 613 (Fla. 3d DCA 2001); Diaz v. State, 790 So. 2d 581 (Fla. 3d DCA 2001); Contino v. State, 790 So. 2d 576 (Fla. 3d DCA 2001); State v. Paniagua, 789 So. 2d 1199 (Fla. 3d DCA 2001); Del Pino v. State, 785 So. 2d 1263 (Fla. 3d DCA 2001). Affirmed.…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)