Opinion
Case No. 4D99-3144.
Opinion filed June 28, 2000.
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barry E. Goldstein, Judge; L.T. Case Nos. 96-10549CF10B, 96-13702CF10A, 96-14611CF10A, 96-14768CF10A, 96-15291CF10A and 97-11808CF10A.
Henry A. Battle, Bristol, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Robert R. Wheeler, Assistant Attorney General, West Palm Beach, for appellee.
POLEN, SHAHOOD and GROSS, JJ., concur.
ON MOTION TO RECALL MANDATE AND FOR REHEARING
We grant the state's motion to recall mandate and for rehearing. In the revised opinion in Heggs v. State, 25 Fla. L. Weekly S359, S360 (Fla. May 4, 2000), the supreme court held:
if a person's sentence imposed under the 1995 guidelines could have been imposed under the 1994 guidelines (without a departure), then that person shall not be entitled to relief under our decision here.
(Citations omitted).
The sentence imposed for the 1996 cases under the 1995 guidelines could lawfully have been imposed under the 1994 guidelines without a departure. Thus, there was no sentencing error in this case.
We affirm the sentence in case number 97-11808CF10A as well. The offense in that case occurred outside of the window period.See Trapp v. State, No. SC96074 (Fla. June 1, 2000) (holding window period opened October 1, 1995 and closed May 24, 1997).