declined to find 1995 sentencing guidelines unconstitutional. The court concluded that it was bound by this precedent. We reverse. The supreme court has now declared the 1995 sentencing guidelines to be unconstitutional. See Heggs v. State, 759 So.2d 620 (Fla.2000). The fact that Bryan filed a prior rule 3.850 motion which did not raise this issue does not preclude him from obtaining relief on this new ground. His prior rule 3.850 motion raised no sentencing issues. His current motion, which only challenges the legality of his sentence, is really a motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). It therefore is not barred as successive and does not constitute an abuse of process. See Orosco v. State, 730 So.2d 815 (Fla. 2d DCA 1999) (<HOLDING>). We accordingly reverse and remand for the
holding that rule 3850 motion was not time barred where the order did not place any time limitation on when the defendant would refile his rule 3850 motion holding defendant was not barred from raising sentencing issue in rule 3850 motion by virtue of prior rule 3850 motion which did not raise any sentencing issues holding that defendants 3850 motion for postconviction relief was procedurally barred as successive where the defendants current rule 3850 motion is one that could have or should have been raised in his first rule 3850 motion holding that an involuntary plea claim is cognizable in a rule 3850 motion holding that claims raised on direct appeal are procedurally barred from consideration in a rule 3850 motion