GEORGE WILLIE JAMES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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George Willie James appealed the denial of his post-conviction relief motion challenging his 48-month sentence for multiple felonies imposed under the 1995 sentencing guidelines. The Florida Supreme Court had invalidated the 1995 guidelines in Heggs v. State, but James's sentence fell within the valid 1994 guidelines range, so no relief was warranted.
James is not entitled to post-conviction relief because his 48-month sentence fell within the valid 1994 sentencing guidelines range and could have been imposed under those guidelines without departure, even though the 1995 guidelines were unconstitutional.
[1] A sentence imposed under the 1995 sentencing guidelines is not subject to relief if the sentence could have been imposed under the 1994 sentencing guidelines without a de…
[2] A defendant is not entitled to relief based on the unconstitutionality of the 1995 sentencing guidelines if the imposed sentence falls within the range of the 1994 senten…
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Join FLexlaw to unlock all legal intelligence“if a person's sentence imposed under the 1995 guidelines could have been imposed under the 1994 guidelines (without a departure), then that person shall not be entitled to relief.”
This establishes the legal standard from Heggs v. State that governs whether relief is available when the 1995 guidelines are found unconstitutional.
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Join FLexlaw to unlock all legal intelligenceJames pleaded guilty to aggravated battery, aggravated stalking, carrying a concealed firearm, battery, threatening to throw a destructive device, and…
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PER CURIAM.
This is an appeal from the denial of the appellant’s motion for post-conviction relief, pursuant to Florida Rule of Criminal Procedure 3.850, wherein the appellant challenged his 48-month sentence for aggravated battery, aggravated stalking, carrying a concealed firearm, battery, threatening to throw a destructive device, and possession of a firearm by a convicted felon. The appellant, George Willie James, sentenced under the 1995 sentencing guidelines, now challenges his sentence based upon the Florida Supreme Court’s decision in Heggs v. State, 759 So. 2d 620 (Fla.2000).
The appellant contends that the trial court erred in sentencing him under the 1995 sentencing guidelines instead of the 1994 guidelines. The State concedes this point. Under the 1994 guidelines, the appellant would have received a minimum of 39.3 months and a maximum score of 65.5 months in state prison. Here, the appellant agreed to plead guilty to his charges receiving a 48-month sentence, where the minimum sentence under the 1995 guidelines would have been 70.5 months.
Nevertheless, the State argues that the appellant’s 48-month sentence is well within the 1994 sentencing guidelines range.
In Heggs, the court held that Chapter 95-184, Laws of Florida, violated the single subject rule contained in article III, section 6, Florida Constitution. The Florida Supreme Court stated that “if a person’s sentence imposed under the 1995 guidelines could have been imposed under the 1994 guidelines (without a departure), then that person shall not be entitled to relief.” Here, the appellant’s sentence of 48-months was clearly within the 1994 sentencing guidelines and the sentence could have been imposed without departure of such guidelines. Therefore, although the Heggs court did find that the 1995 sentencing guidelines were unconstitutional, we affirm the defendant’s sentence finding that the appellant’s challenge to his sentence, based on Heggs, lacks merit.
Affirmed.
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Cited By
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Williams v. State, 768 So. 2d 1229 (Fla. 3d DCA 2000)…PER CURIAM. Affirmed. James v. State, 763 So. 2d 535 (Fla. 3d DCA 2000).…
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Mauricio Corrales v. State, 768 So. 2d 1231 (Fla. 3d DCA 2000)…So. 2d 620, 627 (Fla.2000)(“if a person’s sentence imposed under the 1995 guidelines could have been imposed under the 1994 guidelines (without a departure), then that person shall not be entitled to relief under the decision here”); James v. State, 763 So. 2d 535 (Fla. 3d DCA 2000)(same).…
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Gilley v. State, 770 So. 2d 227 (Fla. 3d DCA 2000)…ntence imposed is not automatically unlawful. “ ‘[I]f a person’s sentence imposed under the 1995 guidelines could have been imposed under the 1994 guidelines (without a departure), then that person shall not be entitled to relief.’ ” James v. State, 763 So. 2d 535 (Fla. 3d DCA 2000) (quoting Heggs, 759 So. 2d at 627). See also Glenn v. State, 764 So. 2d 850 (Fla. 3d DCA 2000). Although defendant’s plea was entered pursuant to the 1995 guidelines, the sentence imposed fell within the 1994 guide [*228] lines,…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)