Summary
concluding the illegal sentence issue was moot because the defendant was properly resentenced, and he did not challenge his new sentence
Summary of this case from People v. FritzOpinion
No. 1D00-2784.
October 17, 2001. Rehearing Denied November 21, 2001.
An appeal from an order of the Circuit Court for Bay County. Dedee S. Costello, Judge.
Richard Jason Cox, pro se.
Robert A. Butterworth, Attorney General; James W. Rogers, Assistant Attorney General, Tallahassee, for Appellee.
Richard Jason Cox, the appellant, appeals an order denying his motion to correct an illegal sentence. Because they lack merit, we affirm the appellant's first five claims. The trial court did not address the appellant's sixth claim. However, as the appellant has now been resentenced pursuant to Heggs v. State, 759 So.2d 620 (Fla. 2000), and he does not challenge his new sentence, we dismiss as moot his claim that his prior sentence exceeded the sentencing guidelines maximum range.See Edwards v. State, 780 So.2d 286 (Fla. 1st DCA 2001).
AFFIRMED in part; DISMISSED in part.
ALLEN, C.J., PADOVANO and LEWIS, JJ., CONCUR.