Hepburn v. State
| Decision Date | 14 February 2001 |
| Docket Number | No. 3D00-2641.,3D00-2641. |
| Citation | 778 So.2d 448 |
| Parties | Sheldon HEPBURN, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Sheldon Hepburn, in proper person.
Robert A. Butterworth, Attorney General, and Michael J. Neimand, Assistant Attorney General, for appellee.
Before LEVY, GODERICH, and RAMIREZ, JJ.
Sheldon Hepburn appeals the summary denial of his motion to correct an illegal sentence, see Fla. R.Crim. P. 3.800, and alleges that his sentence is illegal under Heggs v. State, 759 So.2d 620 (Fla. 2000). We affirm.
Hepburn entered a plea of no contest and was sentenced to 17.4 years as a habitual violent felony offender. A sentence as a habitual offender is not affected by Heggs even where, as here, the actual sentence imposed coincides with the bottom of the 1995 guidelines. See Ford v. State, 763 So.2d 1273, 1274 (Fla. 4th DCA 2000)
. In addition, when a negotiated plea agreement is not conditioned upon the imposition of a sentence within a specific guideline range, improper scoring of the defendant's scoresheet will not render the plea illegal unless the sentence exceeds the statutory maximum. See Dunenas v. Moore, 762 So.2d 1007, 1008 (Fla. 3d DCA 2000). Finally, we take judicial notice of Case No. 3D00-1240, 764 So.2d 594 filed in this Court by Hepburn in which he moved to correct an illegal sentence under State v. Thompson, 750 So.2d 643 (Fla.1999). This Court affirmed the denial of that motion. Thus, Hepburn's latest motion is impermissibly successive.
Affirmed.
To continue reading
Request your trial
-
Lewis v. State, Case No. 2D17–225
...2002) ; Hurlburt v. State , 807 So.2d 687 (Fla. 2d DCA 2002) ; Cooper v. State , 902 So.2d 945 (Fla. 4th DCA 2005) ; Hepburn v. State , 778 So.2d 448 (Fla. 3d DCA 2001) ; Boyd v. State , 753 So.2d 692 (Fla. 4th DCA 2000) ; Figueroa v. State , 632 So.2d 195 (Fla. 3d DCA 1994). WALLACE, LUCAS......
-
Hepburn v. State
...motions, was illegal under Heggs v. State, 759 So.2d 620 (Fla.2000). This motion was denied and affirmed by this court. Hepburn v. State, 778 So.2d 448 (Fla. 3d DCA 2001). Hepburn also sought a writ of mandamus from this court to compel the trial court to rule on a "combination Rule 3.850 a......
-
Debord v. State, 1D00-4347.
...but one case, Mr. Debord's sentences exceeded the statutory maximum for the offenses. See Bell, 795 So.2d at 1141; Hepburn v. State, 778 So.2d 448, 448 (Fla. 3d DCA 2001); Dunenas v. Moore, 762 So.2d 1007, 1008 (Fla. 3d DCA 2000). Assuming his allegations are accurate, the sentences exceedi......
-
Deloach v. State, 3D01-2904.
...that habitual offender sentences are not affected by the unconstitutionality of the 1995 sentencing guidelines); Hepburn v. State, 778 So.2d 448 (Fla. 3d DCA 2001). ...