JAMES L. HOLLIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2003-01-08
No. 1D02-3708
BOOTH, WEBSTER and LEWIS, JJ., concur.
834 So. 2d 909 Florida District Court of Appeal, First District (2003) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

By way of a timely notice of appeal, the appellant challenges the trial court’s summary denial of his motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The appellant claims that he is entitled to be resen-tenced because he was sentenced pursuant to the 1995 guidelines, which have since been declared to be unconstitutional. See Heggs v. State, 759 So. 2d 620 (Fla.2000). However, to have standing to raise a Heggs claim, the appellant’s offense must have occurred “on or after October 1,1995, and before May 24, 1997.” See Trapp v. State, 760 So. 2d 924, 928 (Fla.2000)(emphasis added). The appellant’s offense date of May 24, 1997, falls outside this window period. Accordingly, the trial court’s summary denial of the appellant’s motion is affirmed.

AFFIRMED.

BOOTH, WEBSTER and LEWIS, JJ., concur.


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  • Clark v. State, 851 So. 2d 826 (Fla. 1st DCA 2003)
    …appellant challenges the trial court’s summary denial of his Rule 3.800(a) motion for jail credit. We reverse because the trial court failed to attach to its order portions of the record conclusively refuting the appellant’s claim. Chitty v. State, 834 So. 2d 909, 910 (Fla. 1st DCA 2003); Collins v. State, 835 So. 2d 373 (Fla. 1st DCA 2003). The appellant presented a facially sufficient claim for jail credit under Rule 3.800(a) by providing the dates for which he is seeking credit, the date of his sentence,…

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