Narrative Opinion Summary
Michael Benning appealed his judgment and sentence for aggravated battery, with both parties submitting briefs under Anders v. California, acknowledging the absence of meritorious grounds for appeal. However, the court's independent review revealed that Benning was sentenced under guidelines declared unconstitutional by the Florida Supreme Court in Heggs v. State due to a violation of the single subject provision of the Florida Constitution. Benning's offense occurred on December 15, 1996, and he was sentenced to ninety-five months based on the 1995 guidelines as amended by chapter 95-184. Given that he committed the offense within the relevant window period, he is entitled to a reconsideration of his sentence. The case is remanded for this purpose. Additionally, while typically an appellate court would appoint new counsel or allow for a supplemental brief if an issue is found, in this instance, it is unnecessary as the error is clear from the record. Judges Whatley and Seals concur.
Legal Issues Addressed
Appellate Procedure for Identifying Errorssubscribe to see similar legal issues
Application: In this case, the appellate court did not appoint new counsel or require a supplemental brief because the error concerning the sentencing guidelines was clear from the record.
Reasoning: Additionally, while typically an appellate court would appoint new counsel or allow for a supplemental brief if an issue is found, in this instance, it is unnecessary as the error is clear from the record.
Right to Reconsideration of Sentencesubscribe to see similar legal issues
Application: Benning is entitled to a reconsideration of his sentence because his offense occurred within the window period affected by the unconstitutional guidelines.
Reasoning: Given that he committed the offense within the relevant window period, he is entitled to a reconsideration of his sentence.
Unconstitutionality of Sentencing Guidelinessubscribe to see similar legal issues
Application: The court identified that Michael Benning was sentenced under guidelines that were declared unconstitutional due to a violation of the single subject provision of the Florida Constitution.
Reasoning: However, the court's independent review revealed that Benning was sentenced under guidelines declared unconstitutional by the Florida Supreme Court in Heggs v. State due to a violation of the single subject provision of the Florida Constitution.