What Happens If You Are Sentenced Under An Invalid Sentencing Guideline ?
In Heggs v. State, 759 So. 2d 620 (Fla. 2000), the court held that a defendant who was sentenced under an invalid sentencing guideline was not entitled to be resentenced if the sentence imposed under that erroneous scoresheet could have been imposed under the correct scoresheet without a departure.
In Banks v. State, 887 So. 2d 1191 (Fla. 2004), the defendant filed a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 relying on the Heggs decision.
After restating the standard from Heggs, we concluded that the sentence received under the erroneous scoresheet could have been imposed under the correct scoresheet and denied relief. See Banks, 887 So. 2d at 1194.