LARRY BOSTIC, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appellant failed to demonstrate his sentence was illegal under Heggs because no 1994 guidelines scoresheet was presented and the appellant did not refute the State's claim that his sentence fell within the 1994 guidelines.
Appellant pleaded nolo contendere to burglary and robbery, receiving a 9-year sentence. He argued this sentence was a downward departure under the 199…
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PER CURIAM.
Appellant Larry Bostic appeals from a trial court order summarily denying his motion to correct illegal sentence filed pursuant to rule 3.800(a), Fla. R.Crim. P. In his motion, he alleged that he entered a nolo contendere plea to felony charges of burglary and robbery in exchange for sentences constituting a downward departure. He alleges that his sentences totaling 9 years in prison constituted a downward departure from the 1995 sentencing guidelines, but that under Heggs v. State, 759 So. 2d 620 (Fla.2000), he was entitled to resentencing and a downward departure from the 1994 guidelines. By his own calculations made in his rule 3.800(a) motion, appellant alleged that the range permitted under the 1994 guidelines was between 7.7 and 12.9 years in prison. No 1994 guidelines scoresheet was prepared or filed in the trial court.
The State has argued that appellant is not entitled to sentencing relief because the 9-year sentence he received falls within the 1994 guidelines, and cites Heggs for its statement 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 under our decision here.” Id. at 627.
We agree with the State’s position that appellant has failed to demonstrate in this motion that his sentence was illegal under Heggs. No 1994 guidelines scoresheet appears of record, and appellant has not refuted the State’s claim that appellant’s 9-year sentences fall within the 1994 guidelines. Therefore, we affirm.
AFFIRMED.
GUNTHER, STONE and POLEN, JJ., concur.
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Inman v. State, 824 So. 2d 218 (Fla. 4th DCA 2002)…r the 1994 guidelines without a departure. See Heggs, 759 So. 2d at 627. This is the case even where the sentence was a downward departure from the 1995 guidelines but falls within the sentencing range under the 1994 guidelines. See Bostic v. State, 768 So. 2d 534 (Fla. 4th DCA 2000). Affirmed in part, reversed in part, and remanded for further proceedings. POLEN, C.J., WARNER and KLEIN, JJ., concur.…
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Ladislao Salazar v. State, 874 So. 2d 1224 (Fla. 5th DCA 2004)…PER CURIAM. AFFIRMED. See Bostic v. State, 768 So. 2d 534 (Fla. 4th DCA 2000). SHARP, W., PALMER and TORPY, JJ., concur.…
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Williams v. State, 941 So. 2d 1201 (Fla. 5th DCA 2006)…PER CURIAM. AFFIRMED. See Bostic v. State, 768 So. 2d 534 (Fla. 4th DCA 2000). GRIFFIN, TORPY and EVANDER, JJ., concur.…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)