JOHN DEON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Hepburn v. State, 778 So. 2d 448 (Fla. 3d DCA 2001)
  …t 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 t…
• Mitchell v. State, 775 So. 2d 428 (Fla. 5th DCA 2001)
  …We affirm Appellant’s sentence as an habitual offender as such sentences are not affected by the Supreme Court’s decision in Heggs v. State, 759 So. 2d 620 (Fla.2000). An habitual offender sentence is not a guidelines sentence. See Ford v. State, 763 So. 2d 1273 (Fla. 4th DCA 2000). AFFIRMED. COBB, SAWAYA, and ORFINGER, R. B., JJ., concur.…
• Pitts v. State, 771 So. 2d 1259 (Fla. 4th DCA 2000)
  …f Criminal Procedure, in which he sought resentenc-ing pursuant to Heggs v. State, 718 So. 2d 263 (Fla. 2d DCA 1998), appeal decided by 759 So. 2d 620 (Fla.2000). We affirm as to his several concurrent habitual offender sentences, see Ford v. State, 763 So. 2d 1273 (Fla. 4th DCA 2000), but we reverse and remand for the trial court to consider, after the preparation of a corrected 1994 sentencing guidelines scoresheet, whether resentencing is needed with respect to count II of his lower court case no. 96-23432,…