HENRY v. STATE

No. 1D00-453.

765 So.2d 736 (2000)

Patrick HENRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 23, 2000.


Attorney(s) appearing for the Case

Patrick Henry, pro se.

Robert A. Butterworth, Attorney General; and James W. Rogers, Assistant Attorney General, Tallahassee, for Appellee.


ALLEN, J.

The appellant challenges the trial court's denial of his Florida Rule of Criminal Procedure 3.800(a) motion. We conclude that the appellant's motion sets forth a colorable claim for relief on the theory that his guidelines sentence was the result of a calculation which was incorrect because it was performed pursuant to a version of the sentencing guidelines adopted in violation of the single-subject provision of the Florida constitution. In reaching this...

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