IVAN VARELA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2008-08-13
No. 3D08-1787
Before SHEPHERD, CORTIÑAS, and SALTER, JJ.
990 So. 2d 595 Florida District Court of Appeal, Third District (2008) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Ivan Varela appeals the trial court’s denial of his rule 3.800(a) motion to correct illegal sentence. Varela argues that he is entitled to relief under Thompson v. State, 708 So. 2d 315 (Fla. 2nd DCA 1999), and Heggs v. State, 759 So. 2d 620 (Fla.2000).

Varela was sentenced as a habitual felony offender for armed robbery with a firearm. Thompson has no application to Varela’s sentence. See Johnson v. State, 763 So. 2d 283, 284 (Fla.2000). The trial court also correctly held that Heggs does not provide any basis for relief in this case. See Jefferson v. State, 826 So. 2d 1006, 1007 (Fla. 3d DCA 2001).

Affirmed.


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  • Ashahleh Sanders-Bashui v. State, 124 So. 3d 1041 (Fla. 3d DCA 2013)
    …o do so, the State argues that this court should affirm without prejudice to her filing a legally sufficient Florida Rule of Criminal Procedure 3.800(a) motion in the trial court. Brannon v. State, 850 So. 2d 452, 458 (Fla.2003); Bannister v. State, 990 So. 2d 595, 596 (Fla. 3d DCA 2008); Santiago v. State, 870 So. 2d 198, 200 (Fla. 3d DCA 2004); but see Lightsey v. State, 112 So. 3d 616, 618 (Fla. 3d DCA 2013). We agree with the State. Affirmed. . In 2010, the State filed an affidavit of probation violatio…
  • Carlton Bannister v. State (Fla. 3d DCA 2023)
    …PER CURIAM. Affirmed. See Bannister v. State, 990 So. 2d 595 (Fla. 3d DCA 2008).…

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