Opinion

Brown v. State

  • 769 So. 2d 1078
  • 2000 Fla. App. LEXIS 11778
  • 2000 WL 1299779
Court
District Court of Appeal of Florida
Filed
Sep 15, 2000
Status
Published
On the bench
Casanueva, Northcutt, Parker
Cited by
0 cases
Authority
More cited than 0.7%

The opinion

PER CURIAM.

Johnny Lee Brown appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Brown 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, Brown 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 Brown filing a facially sufficient claim pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000).

Affirmed.

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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