JOHN MARK VAUGHAN, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's Rule 3.800(a) motion challenging his sentence as illegal under Heggs v. State was affirmed without prejudice because he failed to allege that his sentence could not have been imposed under the valid 1994 guidelines, though the trial court erred in not attaching supporting record.
A Rule 3.800(a) motion challenging a sentence under Heggs must allege that the sentence imposed could not have been imposed under the valid 1994 guidelines without a departure.
[1] A Rule 3.800(a) motion challenging a sentence under Heggs v. …
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Join FLexlaw to unlock all legal intelligenceVaughan filed a Rule 3.800(a) motion claiming his sentence was illegal under Heggs v. State, arguing the 1995 sentencing guidelines were unconstitutio…
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PER CURIAM.
Appellant, John Mark Vaughan, Jr., filed a Rule 3.800(a) motion, claiming that his sentence was illegal under Heggs v. State, 759 So. 2d 620 (Fla.2000). The trial court denied the motion, finding that the sentence imposed under the unconstitutional 1995 sentencing guidelines could have been imposed under the valid 1994 guidelines. Unfortunately, the trial court failed to attach the relevant portions of the record to support this finding, which ordinarily would require reversal. See, e.g., Moore v. State, 741 So. 2d 577 (Fla. 5th DCA 1999) (holding that burden is on trial court denying a facially sufficient Rule 3.800(a) motion to attach record establishing movant is not entitled to relief).
However, appellant failed to allege that the court records would show on their face that his sentence was adversely affected by the application of the 1995 guidelines because the sentence imposed could not have been imposed under the 1994 guidelines without a departure. See, e.g., Davis v. State, 765 So. 2d 258 (Fla. 5th DCA 2000) (holding that motion raising Heggs claim was insufficient because it failed to allege sentence imposed could not have been imposed under 1994 guidelines). Therefore, we affirm the trial court’s order without prejudice to appellant filing a facially sufficient motion. Should the trial court again deny appellant’s motion, the relevant portions of the record should be attached to the order. AFFIRMED WITHOUT PREJUDICE.
PETERSON, GRIFFIN and SAWAYA, JJ., concur.
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Toomajan v. State, 785 So. 2d 1275 (Fla. 5th DCA 2001)…ng conditions). In addition, even if appellant comes within the applicable window period, he failed to allege any facts showing that he was adversely affected by the application of the 1995 guidelines, as required under Heggs. See Vaughan v. State, 769 So. 2d 530 (Fla. 5th DCA 2000) (motion which fails to allege that defendant was adversely affected by application of 1995 guidelines is insufficient). The fact that the trial court could have imposed a shorter term of community control is irrelevant under Hegg…
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McKOWEN v. State, 816 So. 2d 1254 (Fla. 5th DCA 2002)…ce entitlement to relief). Accordingly, on that basis alone, the trial court may have denied McKowen’s motion as being technically deficient and we affirm on that basis. However, denial on that ground must be without prejudice. See Vaughan v. State, 769 So. 2d 530 (Fla. 5th DCA 2000) (holding that denial of rule 3.800(a) motion would be affirmed without prejudice to refile motion alleging that error is apparent from face of the record). Accordingly, the trial court’s order is affirmed, without prejudice to Mc…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Moore v. State, 741 So. 2d 577 (Fla. 5th DCA 1999)
- Davis v. State, 765 So. 2d 258 (Fla. 5th DCA 2000)
- Leggett v. Moore, 765 So. 2d 258 (Fla. 1st DCA 2000)