MITCHELL HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a negotiated plea sentence, not dependent on a specific guideline, is not subject to Heggs relief.
Appellant pleaded guilty to DUI manslaughter under a negotiated plea agreement for a specific sentence. After a guideline was found unconstitutional, …
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PER CURIAM.
Appellant pled guilty to DUI manslaughter pursuant to an agreement with the State for a sentence of 144 months incarceration. The 1995 guideline would have been the effective guideline had appellant not negotiated his plea. Once the 1995 guideline was held unconstitutional so that the 1994 guideline would have been the one to consider, appellant asked to be resentenced under Heggs.
In Tarlbert v. State, 766 So. 2d 457 (Fla. 5th DCA 2000), we granted relief in a similar case remanding to the trial court to determine whether the negotiated sentence was entered based on the 1995 guideline or was independent of it. If the agreed sentence was based on the 1995 guideline, we held that the defendant was entitled to be resentenced under Heggs. This, however, is not a Tarlbert case. Here, the trial court determined that since the sentence was not illegal (it was entered pursuant to a negotiated plea), a 3.800 motion was inappropriate to determine the issue of whether appellant was given “faulty information with regard to applicability of the proper plea form or sentence guideline score sheet that he used.” This is the language used by defense counsel in seeking a continuance to file a 3.850 motion to withdraw the plea based on ineffec tive assistance of counsel. This is an acknowledgment below that the negotiated term was not conditioned on any particular guideline.
Because the court determined that the sentence was based on a negotiated plea, it was not dependent on any guideline and it therefore denied Heggs relief. The court left open appellant’s avenue of relief under 3.850 based on appropriate factual allegations. Because we find the court properly analyzed the problem and remained open to further relief if proper, we affirm.
AFFIRMED.
HARRIS, GRIFFIN and SAWAYA, JJ., concur.
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Legere v. State, 862 So. 2d 824 (Fla. 5th DCA 2003)…o relief because his sentence was not conditioned upon the guidelines. See Bonilla v. State, 766 So. 2d 1192 (Fla. 5th DCA 2000) (if plea agreement is not conditioned upon guidelines sentence, there is no entitlement to Heggs relief); Hall v. State, 789 So. 2d 1052 (Fla. 5th DCA 2001) (defendant was not entitled to be resentenced under Heggs where the defendant’s sentence was negotiated independent of guidelines); Gentile v. State, 673 So. 2d 76, 77 (Fla. 5th DCA 1996) (any scoresheet error is harmless if the…
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Trigg v. State, 900 So. 2d 674 (Fla. 4th DCA 2005)…scoresheet used to calculate his sentence upon violation of his probation was incorrect under Heggs v. State, 759 So. 2d 620 (Fla.2000). Because the record reflects that his sentence was the result of a negotiated plea, we affirm. See Hall v. State, 789 So. 2d 1052 (Fla. 5th DCA 2001); [*675] McCray v. State, 796 So. 2d 562 (Fla. 3d DCA 2001). The trial court denied appellant relief on the ground that relief had to be requested within two years of the Heggs opinion. We recently determined that a rule 3.800 m…
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McKINNEY v. State, 939 So. 2d 216 (Fla. 1st DCA 2006)…th sentence could have been imposed under the 1994 guidelines, or that the sentence was imposed pursuant to a plea agreement that was not conditioned on the guidelines, or that the appellant waived sentencing under the guidelines. See Hall v. State, 789 So. 2d 1052 (Fla. 5th DCA 2001) (holding that [*218] defendant was not entitled to Heggs relief where plea agreement was not conditioned on a guidelines sentence). The trial court also noted that the appellant’s original 96-month sentence was a true split sente…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Climmie Tarlbert, Jr. v. State, 766 So. 2d 457 (Fla. 5th DCA 2000)