DUVER CAQUIMBO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
DUVER CAQUIMBO, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
773 So. 2d 1263
Florida District Court of Appeal, Third District (2000)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
Duver Caquimbo appeals an order denying his motion for postconviction relief, wherein he claims that he should be resen-tenced because of the invalidation of the 1995 sentencing guidelines by Heggs v. State, 759 So. 2d 620 (Fla.2000). The trial court determined that the defendant in this case entered into a plea for his specific sentences in exchange for a waiver of a longer mandatory minimum sentence. It follows that he is not entitled to relief. See Ortega v. State, 763 So. 2d 567 (Fla. 3d DCA 2000).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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E.S.B. v. State, 822 So. 2d 579 (Fla. 1st DCA 2002)…procedural safeguards, as Florida Rule of Criminal Procedure 3.800(b)(2). See I.B. v. State, 816 So. 2d 230, 231 n. 2 (Fla. 5th DCA 2002). Appellant’s utilization of rule 8.135(b)(2) preserved this issue for appellate review. Compare Hart v. State, 773 So. 2d 1263, 1264 (Fla. 1st DCA 2000)(filing rule 3.800(b)(2) motion preserves sentencing issue for appellate review).…
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Sessions v. State, 907 So. 2d 572 (Fla. 1st DCA 2005)…ends, once 60 days elapse without rendition of an order ruling on the motion, and any order rendered more than 60 days after a rule 3.800(b)(2) motion is filed is a nullity. See Campbell v. State, 789 So. 2d 1213 (Fla. 1st DCA 2001), Hart v. State, 773 So. 2d 1263 (Fla. 1st DCA 2000), and numerous subsequent cases from this court and from other courts. The sentences originally imposed, except for the improperly designated second degree felony, are REVERSED. The February 11, 2005, order and the February 28,…
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Campbell v. State, 789 So. 2d 1213 (Fla. 1st DCA 2001)…ended sentencing order.” However, no amended order was entered within 60 days from the filing of the motions, as required by rule 3.800(b)(1)(B), and under that applicable version of that rule, the motions are therefore deemed denied. Hart v. State, 773 So. 2d 1263 (Fla. 1st DCA 2000); Kimbrough v. State, 766 So. 2d 1255 (Fla. 5th DCA 2000). On November 14, 2000, the trial court entered orders, nunc pro tunc to September 14, 1999, purporting to resen-tence appellant to concurrent terms of 23 months in state…
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- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Ortega v. State, 763 So. 2d 567 (Fla. 3d DCA 2000)