Thurston v. State

District Court of Appeal of Florida

Thurston v. State

813 So. 2d 117, 2002 Fla. App. LEXIS 1757, 2002 WL 237201

CourtDistrict Court of Appeal of Florida

DecidedFebruary 20, 2002

DocketNo. 3D01-2746

StatusPublished

This text of 813 So. 2d 117 (Thurston 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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Thurston v. State, 813 So. 2d 117, 2002 Fla. App. LEXIS 1757, 2002 WL 237201 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

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 resen-tenced. 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.

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PER CURIAM.

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 resen-tenced. 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.

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813 So. 2d 117, 2002 Fla. App. LEXIS 1757, 2002 WL 237201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thurston-v-state-fladistctapp-2002.

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