Ware v. State

District Court of Appeal of Florida

Ware v. State

765 So. 2d 891, 2000 Fla. App. LEXIS 10720, 2000 WL 1192137

CourtDistrict Court of Appeal of Florida

DecidedAugust 23, 2000

DocketNo. 2D99-1398

StatusPublished

This text of 765 So. 2d 891 (Ware 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.

Bluebook

Ware v. State, 765 So. 2d 891, 2000 Fla. App. LEXIS 10720, 2000 WL 1192137 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

Nanji Ware appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Ware asserts that he is entitled to relief because he was sentenced under unconstitutional sentencing guidelines, in reliance on our decision in Heggs v. State, 718 So.2d 263 (Fla. 2d DCA 1998). However, Ware does not allege how the unconstitutional guidelines affected his sentence, and his claim is not facially sufficient. Consequently, the order of the trial court is affirmed without prejudice to Ware filing a facially sufficient claim pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000).

Affirmed.

BLUE, A.C.J., and FULMER and WHATLEY, JJ., Concur.

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PER CURIAM.

Nanji Ware appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Ware asserts that he is entitled to relief because he was sentenced under unconstitutional sentencing guidelines, in reliance on our decision in Heggs v. State, 718 So.2d 263 (Fla. 2d DCA 1998). However, Ware does not allege how the unconstitutional guidelines affected his sentence, and his claim is not facially sufficient. Consequently, the order of the trial court is affirmed without prejudice to Ware filing a facially sufficient claim pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000).

Affirmed.

BLUE, A.C.J., and FULMER and WHATLEY, JJ., Concur.

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Bluebook (online)

765 So. 2d 891, 2000 Fla. App. LEXIS 10720, 2000 WL 1192137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ware-v-state-fladistctapp-2000.

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