Opinion
No. 3D01-2746.
February 20, 2002. Rehearing Denied April 24, 2002.
Appealed from an order of the Circuit Court, Dade County, Peter R. Lopez, J.
Travis R. Thurston, in proper person.
Robert A. Butterworth, Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellee.
Before COPE, FLETCHER and RAMIREZ, JJ.
Travis R. Thurston appeals an order denying his motion for postconviction relief in which he sought resentencing under Heggs v. State, 759 So.2d 620 (Fla. 2000). Defendant-appellant Thurston was given a fifteen-year sentence in this case to run concurrently with a fifteen-year federal sentence which had already been imposed. The fifteen-year term was a slight downward departure from the 1995 guidelines, but exceeds the maximum of the 1994 guidelines. Because the agreement was for a specific fifteen-year term and was not conditioned on the sentencing guidelines, the defendant is not entitled to be resentenced. See Vareia v. State, 777 So.2d 1168 (Fla. 3d DCA 2001); Ortega v. State, 763 So.2d 567 (Fla. 3d DCA 2000), review denied, 790 So.2d 1106 (Fla. 2001); McKnight v. State, 773 So.2d 577 (Fla. 3d DCA 2000); Dunenas v. Moore, 762 So.2d 1007 (Fla. 3d DCA 2000), review denied, 791 So.2d 1096 (Fla. 2001).
Affirmed.