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Byrd v. State

District Court of Appeal of Florida, Fifth District
Aug 17, 2001
791 So. 2d 1236 (Fla. Dist. Ct. App. 2001)

Opinion

No. 5D00-3240.

Opinion filed August 17, 2001.

Appeal from the Circuit Court for Brevard County, John Dean Moxley, Jr., Judge.

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellee.


Appellant complains on appeal that in granting him sentencing relief pursuant to Heggs v. State, 759 So.2d 620 (Fla. 2000), which was requested in appellant's Rule 3.850 motion, the lower court erred by refusing to consider, indeed by denying, all other grounds for relief. It appears the trial judge intended that any remaining issue would be raised again after the appeal of the resentencing. Appellant has not appealed the resentencing, however; rather, he seeks a ruling on any issue not mooted by the resentencing, which he is entitled to have. Accordingly, we vacate the order denying relief on any grounds not made moot by resentencing and remand for consideration on their merits.

REVERSED and REMANDED.

PETERSON and SAWAYA , JJ., concur.


Summaries of

Byrd v. State

District Court of Appeal of Florida, Fifth District
Aug 17, 2001
791 So. 2d 1236 (Fla. Dist. Ct. App. 2001)
Case details for

Byrd v. State

Case Details

Full title:CHARLES BYRD, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Aug 17, 2001

Citations

791 So. 2d 1236 (Fla. Dist. Ct. App. 2001)