Summary
holding that a habitual offender sentence is not a guidelines sentence even if the actual sentence imposed coincides with the bottom of the guidelines
Summary of this case from Nix v. StateOpinion
No. 4D00-2286
Opinion filed August 9, 2000 JULY TERM 2000
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Howard C. Berman, Judge; L.T. Case No. 97-5140CFA02.
James B. Ford, Century, pro se.
No appearance required for appellee.
We affirm appellant's 1997 sentence as an habitual offender, as such sentences are not affected by the supreme court's decision in Heggs v. State, 25 Fla. L. Weekly S359 (Fla. May 4, 2000) (revised opinion). An habitual offender sentence is not a guidelines sentence even where, as here, the actual sentence imposed coincides with the bottom of guidelines.
GUNTHER, POLEN and KLEIN, JJ., concur.