Hollis v. State

District Court of Appeal of Florida

Hollis v. State

834 So. 2d 909, 2003 Fla. App. LEXIS 113, 2003 WL 57022

CourtDistrict Court of Appeal of Florida

DecidedJanuary 8, 2003

DocketNo. 1D02-3708

StatusPublished

This text of 834 So. 2d 909 (Hollis 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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Hollis v. State, 834 So. 2d 909, 2003 Fla. App. LEXIS 113, 2003 WL 57022 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

By way of a timely notice of appeal, the appellant challenges the trial court’s summary denial of his motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The appellant claims that he is entitled to be resen-tenced because he was sentenced pursuant to the 1995 guidelines, which have since been declared to be unconstitutional. See Heggs v. State, 759 So.2d 620 (Fla.2000). However, to have standing to raise a Heggs claim, the appellant’s offense must have occurred “on or after October 1,1995, and before May 24, 1997.” See Trapp v. State, 760 So.2d 924, 928 (Fla.2000)(emphasis added). The appellant’s offense date of May 24, 1997, falls outside this window period. Accordingly, the trial court’s summary denial of the appellant’s motion is affirmed.

AFFIRMED.

BOOTH, WEBSTER and LEWIS, JJ., concur.

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PER CURIAM.

By way of a timely notice of appeal, the appellant challenges the trial court’s summary denial of his motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The appellant claims that he is entitled to be resen-tenced because he was sentenced pursuant to the 1995 guidelines, which have since been declared to be unconstitutional. See Heggs v. State, 759 So.2d 620 (Fla.2000). However, to have standing to raise a Heggs claim, the appellant’s offense must have occurred “on or after October 1,1995, and before May 24, 1997.” See Trapp v. State, 760 So.2d 924, 928 (Fla.2000)(emphasis added). The appellant’s offense date of May 24, 1997, falls outside this window period. Accordingly, the trial court’s summary denial of the appellant’s motion is affirmed.

AFFIRMED.

BOOTH, WEBSTER and LEWIS, JJ., concur.

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834 So. 2d 909, 2003 Fla. App. LEXIS 113, 2003 WL 57022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollis-v-state-fladistctapp-2003.

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