Opinion
Case No. 4D00-3788.
Opinion filed October 29, 2003
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ana I. Gardiner, Judge; L.T. Case No. 96-3565 CF10B.
Alphonso Fletcher, Miami, pro se.
Charles J. Crist, Jr., Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.
ON REMAND FROM THE SUPREME COURT OF FLORIDA
This case is before the court on remand from the Supreme Court of Florida, which quashed this court's opinion in Fletcher v. State, 800 So.2d 626 (Fla. 4th DCA 2001), and remanded for reconsideration in light of the recent decision in State v. Lemon, 825 So.2d 927 (Fla. 2002). State v. Fletcher, 28 Fla. L. Weekly S657 (Fla. Aug. 28, 2003).
Applying Lemon, we affirm the trial court's order summarily denying appellant's rule 3.800(a) motion to correct illegal sentence, as the record shows that the statutory factors relied on by the trial court for appellant's guidelines aggravated departure could have been imposed under the 1994 guidelines. As such, appellant was not adversely affected by application of the 1995 guidelines so as to be entitled to resentencing under Heggs v. State, 759 So.2d 620 (Fla. 2000). We affirm the summary denial of appellant's other sentencing challenge without further discussion.
AFFIRMED.
FARMER, C.J., GUNTHER and STONE, JJ., concur.