LAZARO B. RIVERO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LAZARO B. RIVERO, APPELLANT,
STATE OF FLORIDA, APPELLEE
758 So. 2d 723
Florida District Court of Appeal, Fourth District (2000)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Lazaro Rivero appeals the denial of his motion to correct illegal sentence, in which he sought resentencing under Heggs v. State, 759 So. 2d 620 (Fla.2000)(slip op.). We affirm the denial because his motion does not allege the date of his offense, and therefore does not demonstrate that his case fell within the window period during which Chapter 95-184 was unconstitutional. Affirmance is without prejudice to Rivero to file a new motion in the trial court that alleges the date of his offense and shows that he has standing to challenge his sentence on this ground.
WARNER, C.J., STONE and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. State, 765 So. 2d 308 (Fla. 5th DCA 2000)…. State, 763 So. 2d 518 (Fla. 5th DCA 2000) (denial of Rule 3.800(a) motion under Heggs affirmed without prejudice where defendant failed to allege date of offense or that sentence could not have been imposed under 1994 guidelines); Rivero v. State, 758 So. 2d 723 (Fla. 4th DCA 2000) (order denying motion seeking resentenc-ing under Heggs affirmed where motion failed to allege date of offense, but without prejudice to file new motion alleging date of offense and showing standing to challenge sentence under He…
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Szymanowski v. State, 758 So. 2d 1198 (Fla. 4th DCA 2000)…PER CURIAM. Affirmed without prejudice to appellant to file a new motion in the trial court which alleges the date of his offense and shows he has standing to challenge his sentence on this ground. See Rivero v. State, 758 So. 2d 723 (Fla. 4th DCA 2000). WARNER, C.J., POLEN and SHAHOOD, JJ., concur.…
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Brown v. State, 778 So. 2d 1066 (Fla. 4th DCA 2001)…to Appellant to file a motion to correct an illegal sentence in the trial court that alleges the date of his offense and shows he has standing to challenge his sentence. See Szymanowski v. State, 758 So. 2d 1198 (Fla. 4th DCA 2000); Rivero v. State, 758 So. 2d 723 (Fla. 4th DCA 2000). DELL, KLEIN, and SHAHOOD, JJ., concur.…
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- Heggs v. State, 759 So. 2d 620 (Fla. 2000)