Fletcher v. State

District Court of Appeal of Florida

Fletcher v. State

860 So. 2d 1001, 2003 Fla. App. LEXIS 16175, 2003 WL 22441983

Procedural entryThis page is a short order in Fletcher v. State. Read the opinion of the Court — 2001 Fla. App. LEXIS 12108 →

District Court of Appeal of Florida·Decided October 29, 2003·No. No. 4D00-3788·Published

Opinion

ON REMAND FROM THE SUPREME COURT OF FLORIDA

PER CURIAM.

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, 863 So.2d 137, 2003 WL 22019508 (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.

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ON REMAND FROM THE SUPREME COURT OF FLORIDA

PER CURIAM.

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, 863 So.2d 137, 2003 WL 22019508 (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.

Fletcher v. State, 860 So. 2d 1001, 2003 Fla. App. LEXIS 16175, 2003 WL 22441983 (Fla. Ct. App. 2003).

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Opinion

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