Albano v. State

District Court of Appeal of Florida

Albano v. State

769 So. 2d 434, 2000 Fla. App. LEXIS 11864, 2000 WL 1344266

CourtDistrict Court of Appeal of Florida

DecidedSeptember 20, 2000

DocketNo. 2D00-3247

StatusPublished

Cited by1 cases

This text of 769 So. 2d 434 (Albano v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Albano v. State, 769 So. 2d 434, 2000 Fla. App. LEXIS 11864, 2000 WL 1344266 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

William Albano challenges the trial court’s order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. Alba-no’s motion alleged that he was entitled to be resentenced under Heggs v. State, 759 So.2d 620 (Fla.2000). The trial court denied Albano’s motion, attaching score-sheets which reflect that the sentence Al-bano received could have been imposed under the 1994 sentencing guidelines without a departure.

Heggs is clear that the only defendants entitled to relief are those whose sentences were adversely affected by the 1995 amendments to the sentencing guidelines. Id. at 627. Because Albano’s sentence could have been imposed under the 1994 guidelines without a departure, he was not adversely affected by the amendments. Therefore, we affirm.

PARKER, A.C.J., and CASANUEVA and SALCINES, JJ., Concur.

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PER CURIAM.

William Albano challenges the trial court’s order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. Alba-no’s motion alleged that he was entitled to be resentenced under Heggs v. State, 759 So.2d 620 (Fla.2000). The trial court denied Albano’s motion, attaching score-sheets which reflect that the sentence Al-bano received could have been imposed under the 1994 sentencing guidelines without a departure.

Heggs is clear that the only defendants entitled to relief are those whose sentences were adversely affected by the 1995 amendments to the sentencing guidelines. Id. at 627. Because Albano’s sentence could have been imposed under the 1994 guidelines without a departure, he was not adversely affected by the amendments. Therefore, we affirm.

PARKER, A.C.J., and CASANUEVA and SALCINES, JJ., Concur.

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769 So. 2d 434, 2000 Fla. App. LEXIS 11864, 2000 WL 1344266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albano-v-state-fladistctapp-2000.

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