Lampley v. State

Full title: DAMION L. LAMPLEY, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Nov 15, 2002

830 So. 2d 901 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 2D02-4258

Opinion filed November 15, 2002.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Polk County; Susan W. Roberts, Judge.

PER CURIAM.

Damion L. Lampley appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Lampley sought resentencing under Heggs v. State, 759 So.2d 620 (Fla. 2d DCA 2000). We affirm the summary denial of Lampley's motion because Lampley's sentence under the 1995 guidelines could have been imposed without a departure under the 1994 guidelines. Thus, he is not entitled to resentencing. See Heggs, 759 So.2d at 627.

Affirmed.

FULMER, WHATLEY, and NORTHCUTT, JJ., Concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.