MICHAEL E. KWIL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Michael E. Kwil challenges the trial court’s order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. Kwil contends that he is entitled to be resen-tenced pursuant to Heggs v. State, 759 So. 2d 620, 627 (Fla.2000), which declared the amendments made to the sentencing guidelines by chapter 95-184, Laws of Florida, unconstitutional. However, the record reflects that the trial court sentenced Kwil to an upward departure sentence based on three statutory factors that are equally valid under the 1994 and 1995 sentencing guidelines. Therefore, because Kwil was not adversely affected by the unconstitutional amendments to the sentencing guidelines, he is not entitled to relief. Id.
Affirmed.
PARKER, A.C.J., and WHATLEY and SALCINES, JJ., Concur.
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State v. Gwenda Jean Lemon, 825 So. 2d 927 (Fla. 2002)…for review the decision in Lemon v. State, 769 So. 2d 417 (Fla. 4th DCA 2000), which expressly and directly conflicts with the decisions in Ray v. State, 772 So. 2d 18 (Fla. 2d DCA 2000), review denied, 791 So. 2d 1100 (Fla.2001), and Kwil v. State, 768 So. 2d 502 (Fla. 2d DCA 2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the reasons set forth below, we quash the Fourth District’s decision in Lemon and approve of the Second District’s decisions in Ray and Kwil. FACTUAL BACKGROUND On Ju…
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State v. Davis, 863 So. 2d 138 (Fla. 2003)…M. We have for review the decision in Davis v. State, 791 So. 2d 1137 (Fla. 4th DCA 2001), which certified conflict with the decisions in Ray v. State, 772 So. 2d 18 (Fla. 2d DCA 2000), review denied, 791 So. 2d 1100 (Fla.2001), and Kwil v. State, 768 So. 2d 502 (Fla. 2d DCA 2000). We have jurisdiction. See Art. V, § 3(b)(4), Fla. Const. We accept jurisdiction in this case, quash the decision of the Fourth District Court of Appeal, and remand for reconsideration in light of our decision in State v. Lemon, 8…
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Davis v. State, 791 So. 2d 1137 (Fla. 4th DCA 2001)…imposed the same 1995 guidelines departure sentence under the 1994 guidelines. See Heggs v. State, 759 So. 2d 620 (Fla.2000); Lemon v. State, 769 So. 2d 417 (Fla. 4th DCA 2000). In Ray v. State, 772 So. 2d 18 (Fla. 2d DCA 2000), and Kwil v. State, 768 So. 2d 502 (Fla. 2d DCA 2000), the Second District found that the defendants were not adversely affected by the unconstitutional amendments to the sentencing guidelines because the records reflected that the trial courts imposed the upward departure sentences…
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- Heggs v. State, 759 So. 2d 620 (Fla. 2000)