DELVIN JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DELVIN JONES, APPELLANT,
STATE OF FLORIDA, APPELLEE
781 So. 2d 486
Florida District Court of Appeal, Fourth District (2001)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
AFFIRMED, without prejudice to appellant presenting his claim based on King v. State, 681 So. 2d 1136 (Fla.1996), in a properly filed post-conviction relief motion. See also Coleman v. State, 777 So. 2d 1132 (Fla. 4th DCA 2001).
DELL, FARMER and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hurlburt v. State, 807 So. 2d 687 (Fla. 2d DCA 2002)…eggs for his two habitual offender sentences, even though they fell within the 1995 sentencing guidelines range, because habitual offender sentences are not affected by the unconstitutionality of the 1995 sentencing guidelines. See Abaunza v. State, 781 So. 2d 486 (Fla. 4th DCA 2001); Hepburn v. State, 778 So. 2d 448 (Fla. 3d DCA 2001). Moreover, Mr. Hurlburt is not entitled to withdraw his plea pursuant to Murphy v. State, 773 So. 2d 1174 (Fla. 2d DCA 2000) (en banc), because he entered an open plea to these…
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NIX v. State, 795 So. 2d 243 (Fla. 5th DCA 2001)…he State also contends that Nix has no right to relief under Heggs because Nix was sentenced as a habitual offender and thus he could have been sentenced to the same amount of time under the 1994 guidelines without a departure. See Abaunza v. State, 781 So. 2d 486 (Fla. 4th DCA 2001) (holding that because the habitualized defendant could have received the same sentence under the 1994 guidelines without a departure as was actually imposed pursuant to the habitual offender statute, defendant was not entitled to…
Authorities Cited
- King v. State, 681 So. 2d 1136 (Fla. 1996)
- Coleman v. State, 777 So. 2d 1132 (Fla. 4th DCA 2001)