SCOTT W. HOPKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SCOTT W. HOPKINS, APPELLANT,
STATE OF FLORIDA, APPELLEE
772 So. 2d 585
Florida District Court of Appeal, Fourth District (2000)
Opinion of the Court
PER CURIAM.
We affirm the trial court’s order denying appellant’s motion to correct sentence raising a Heggs claim. Heggs v. State, 759 So. 2d 620 (Fla.2000). The sentence imposed under the 1995 guidelines could have been imposed under the 1994 guidelines without a departure; therefore, appellant is not entitled to relief. See id. at 627. This affirmance is without prejudice to appellant administratively pursuing his claim regarding gain time with the Department of Corrections and then, if necessary, by petition for writ of mandamus filed in the appropriate circuit court. See Cook v. State, 767 So. 2d 572 (Fla. 4th DCA 2000).
POLEN, KLEIN and TAYLOR, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Cook v. State, 767 So. 2d 572 (Fla. 4th DCA 2000)