MARC JEAN PAUL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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A defendant is not entitled to postconviction relief based on an involuntariness theory stemming from reliance on unconstitutional sentencing guidelines.
Marc Jean Paul pleaded guilty under the 1995 sentencing guidelines, which were later found unconstitutional for the period his crimes occurred. He arg…
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PER CURIAM.
Marc Jean Paul appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm and certify direct conflict.
Defendant-appellant Paul entered into a plea bargain whereby he was sentenced to eighteen years incarceration with a nine-year minimum mandatory term, to resolve four pending cases. At the time of the plea negotiation, his scoresheet was prepared under the 1995 guidelines. The defendant’s guidelines range was from twenty-six years to forty-three years, eight months. Thus, the plea bargain was for a below guidelines sentence.
Subsequently the Florida Supreme Court announced Heggs v. State, 759 So. 2d 620 (Fla.2000), which found the 1995 sentencing guidelines unconstitutional for crimes committed on or after October 1, 1995 and before May 24, 1997. Trapp v. State, 760 So. 2d 924 (Fla.2000). The defendant’s crimes are within the window period.
The defendant states that his plea was involuntary, because he relied on the unconstitutional 1995 guidelines in his negotiation. The defendant alleges that under the 1994 sentencing guidelines, his sentence would have been a maximum of 16.3 years. He contends that he based his plea on misinformation and that the plea is involuntary.
This court has held that a defendant is not entitled to relief under Heggs on an involuntariness theory. Foster v. State, 794 So. 2d 731 (Fla. 3d DCA 2001). As we did in Foster, we certify direct conflict with Murphy v. State, 773 So. 2d 1174 (Fla. 2d DCA 2000), and Mortimer v. State, 770 So. 2d 743 (Fla. 4th DCA 2000).
Affirmed; conflict certified.
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Ganey v. State, 873 So. 2d 445 (Fla. 2d DCA 2004)…motion to correct illegal sentence. A different judge considered Ganey’s rule 3.850 motion that is the subject of this appeal. . We note that the First, Third, and Fifth Districts have certified conflict or disagreed with Murphy. See Paul v. State, 838 So. 2d 687 (Fla. 3d DCA 2003); Coppola v. State, 795 So. 2d 258 (Fla. 5th DCA 2001); Foster v. State, 794 So. 2d 731 (Fla. 3d DCA 2001); Regan v. State, 787 So. 2d 265 (Fla. 1st DCA 2001). The Florida Supreme Court has not yet addressed the conflict.…
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Paul v. State, 911 So. 2d 93 (Fla. 2005)…PER CURIAM. We have for review the decision in Paul v. State, 838 So. 2d 687 (Fla. 3d DCA 2003), which certified conflict with the decisions in Murphy v. State, 773 So. 2d 1174 (Fla. 2d DCA 2000), and Mortimer v. State, 770 So. 2d 743 (Fla. 4th DCA 2000). We accept jurisdiction, see art. V, § 3(b)(4), Fla. Const. Based upon…
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Richie Alce v. State, 965 So. 2d 1275 (Fla. 5th DCA 2007)…PER CURIAM. AFFIRMED. See Akins v. State, 838 So. 2d 687 (Fla. 5th DCA 2003) (holding that eyewitness testimony was legally sufficient to convict a defendant carrying a firearm even though the firearm was never recovered), and Crump v. State, 629 So. 2d 231 (Fla. 5th DCA 1993) (accord). GRIFFIN, THOMPSO…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Xzavier Trapp v. State, 760 So. 2d 924 (Fla. 2000)
- Pagliaro v. Penske Auto Ctrs., Inc., 773 So. 2d 1174 (Fla. 2d DCA 2000)
- Mortimer v. State, 770 So. 2d 743 (Fla. 4th DCA 2000)
- Foster v. State, 794 So. 2d 731 (Fla. 3d DCA 2001)