ALBERTO ORTEGA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The defendant moved for 3.800 relief on the basis of the invalidation of the 1995 sentencing guidelines by Heggs v. State, 759 So. 2d 620, 622 (Fla.2000). The trial court denied the petition because
The defendant was not sentenced pursuant to the 1995 Guidelines, but rather, an agreed plea where a Statutory minimum mandatory sentence was waived.
Therefore, the defendant’s sentence was not illegal pursuant to Heggs v. State[, 759 So. 2d 620], 25 Fla. L. Weekly S137 (Fla. Feb. 17, 2000) and is hereby denied.
The decision is correct and is affirmed. Dunenas v. Moore, 762 So. 2d 1007 (Fla. 3d DCA 2000), and cases cited.
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Duver Caquimbo v. State, 773 So. 2d 1263 (Fla. 3d DCA 2000)…(Fla.2000). The trial court determined that the defendant in this case entered into a plea for his specific sentences in exchange for a waiver of a longer mandatory minimum sentence. It follows that he is not entitled to relief. See Ortega v. State, 763 So. 2d 567 (Fla. 3d DCA 2000). Affirmed.…
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Fajardo v. State, 787 So. 2d 875 (Fla. 3d DCA 2000)…PER CURIAM. Affirmed. See Ortega v. State, 763 So. 2d 567 (Fla. 3d DCA 2000).…
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Pastrana v. State, 788 So. 2d 276 (Fla. 4th DCA 2000)…PER CURIAM. Affirmed. Bethel v. State, 764 So. 2d 823 (Fla. 4th DCA 2000); Ortega v. State, 763 So. 2d 567 (Fla. 3d DCA 2000). STONE, KLEIN, and SHAHOOD, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Durwin D. Dunenas v. Moore, 762 So. 2d 1007 (Fla. 3d DCA 2000)