LAWRENCE MULLINS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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A defendant is not entitled to relief if their sentence imposed under the 1995 guidelines could have been imposed under the 1994 guidelines without a departure.
Defendant received an eight-year sentence as a downward departure from the 1995 sentencing guidelines, which were later held unconstitutional. Defenda…
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PER CURIAM.
We grant the petition for belated appeal of the order denying postconviction relief to defendant-appellant Lawrence Mullins.
On the merits, we affirm. Defendant entered into a plea bargain for an eight-year sentence, which was a downward departure from the 1995 guidelines. Those sentencing guidelines have since been held unconstitutional in Heggs v. State, 759 So. 2d 620 (Fla.2000), and defendant falls within the window period created by that decision.
Defendant concedes that under the 1994 version of the guidelines, the guidelines range is six to ten years, and his sentence falls within it. He argues that since he received a downward departure from the 1995 guidelines, logically he should receive comparable treatment under the 1994 guidelines, or at least a resentencing to the bottom of the 1994 guidelines range.
This argument was rejected in Heggs itself. The Heggs court held “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 (citations omitted); see Dunenas v. Moore, 762 So. 2d 1007 (Fla. 3d DCA 2000). The order denying postconviction relief is affirmed.
Belated appeal granted; affirmed.
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Foster v. State, 794 So. 2d 731 (Fla. 3d DCA 2001)…missible under both the 1994 and 1995 guidelines. Simply put, defendant is not within the group of persons entitled to postconviction relief under Heggs. We have previously held that Heggs itself defines who is entitled to relief. Mullins v. State, 773 So. 2d 1240 (Fla. 3d DCA 2000).3 We agree with Booker v. State, 771 So. 2d 1187 (Fla. 1st DCA 2000), review granted, No. SC00-2693, 791 So. 2d 1095 (Fla. June 15, 2001), on this point. We certify direct conflict with Murphy and Mortimer. Affirmed; direct confl…
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Reed v. State, 813 So. 2d 199 (Fla. 4th DCA 2002)…PER CURIAM. Affirmed. See Mullins v. State, 773 So. 2d 1240 (Fla. 3d DCA2000). GUNTHER, WARNER and HAZOURI, JJ., concur.…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Durwin D. Dunenas v. Moore, 762 So. 2d 1007 (Fla. 3d DCA 2000)