Brown v. State
| Citation | 781 So.2d 484 |
| Decision Date | 21 March 2001 |
| Docket Number | No. 4D01-458.,4D01-458. |
| Parties | Horace BROWN, Appellant, v. STATE of Florida, Appellee. |
| Court | Court of Appeal of Florida (US) |
Horace Brown, Daytona Beach, pro se.
No appearance required for appellee.
We review Appellant's rule 3.800(a) Motion to Correct Illegal Sentence alleging the illegality of his twelve year prison term imposed pursuant to the 1995 sentencing guidelines and claiming his entitlement to resentencing under Heggs v. State, 759 So.2d 620 (Fla.2000). We affirm.
The State charged Appellant with committing one count of first degree murder with a firearm on August 29, 1996. In return for a term of years, Appellant plead guilty to a reduced charge of manslaughter, and received a sentence within the statutory maximum for that offense. Appellant's sentencing scoresheet resulted in a range of 124.5 to 207 months imprisonment and the trial court sentenced Appellant to 144 months.
Appellant filed a rule 3.800(a) motion to correct illegal sentence claiming he received an erroneous sentence pursuant to the 1995 sentencing guidelines, declared unconstitutional in Heggs v. State, 759 So.2d 620 (Fla.2000), and State v. Thompson, 750 So.2d 643 (Fla.1999). Appellant claims the trial court incorrectly assessed 120 points for victim injury under the 1995 guidelines, instead of 60 points under the 1994 guidelines. He claims that under the 1994 guidelines his sentencing scoresheet ranged between 79.5 and 132.5 points. The trial court denied Appellant's motion and found the record demonstrated his sentence was not imposed pursuant to a 1995 guidelines recommended sentence, a prerequisite to relief under Heggs, but rather as part of a legitimate negotiated settlement agreement, in which the State agreed to forego a charge of first degree murder (in which guidelines would not have applied).
We agree with the Third District's conclusion that a defendant under these circumstances is not entitled to relief under Heggs if his plea agreement is not contingent upon defendant receiving a guidelines sentence. See Dunenas v. Moore, 762 So.2d 1007 (Fla. 3d DCA 2000)
; Mortimer v. State, 770 So.2d 743, 744 (Fla. 4th DCA 2000) (); and Bonilla v. State, 766 So.2d 1192, 1194 (Fla. 5th DCA 2000) (...
To continue reading
Request your trial
-
Legere v. State
...to cases involving claims for relief under Heggs. See Dunenas v. Moore, 762 So.2d 1007 (Fla. 3d DCA 2000); accord Brown v. State, 781 So.2d 484 (Fla. 4th DCA 2001). If a defendant negotiates for an exact sentence, the defendant is not entitled to relief. Vareia v. State, 777 So.2d 1168 (Fla......
-
White v. State
...to cases involving claims for relief under Heggs. See Dunenas v. Moore, 762 So.2d 1007 (Fla. 3d DCA 2000); accord Brown v. State, 781 So.2d 484 (Fla. 4th DCA 2001). If a defendant negotiates for an exact sentence, the defendant is not entitled to relief. Vareia v. State, 777 So.2d 1168 (Fla......
-
Thomas v. State
... ... 1st DCA ... 1993)(sentence imposed in accordance with valid plea ... agreement will not be rendered illegal due to scoresheet ... error)). See also Coppola v. State, 938 So.2d 507 ... (Fla. 2006); Atiyeh v. State, 103 So.3d 243 (Fla. 3d ... DCA 2012); Brown v. State, 781 So.2d 484, 485-86 ... (Fla. 4th DCA 2001) (affirming trial court order denying rule ... 3.800(a) motion, and noting that defendant's claim that ... the sentence imposed exceeded the recommended sentence under ... the guidelines was without merit where his ... ...
-
Debord v. State, 1D00-4347.
...a negotiated plea rather than the sentencing guidelines. See Bell v. State, 795 So.2d 1140, 1141 (Fla. 1st DCA 2001); Brown v. State, 781 So.2d 484, 485 (Fla. 4th DCA 2001); Boerstler v. State, 622 So.2d 184, 184 (Fla. 1st DCA 1993). But, in all but one case, Mr. Debord's sentences exceeded......