Opinion
No. 4D00-2082
Opinion filed July 26, 2000
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Stanton S. Kaplan, Judge; L.T. Case No. 97-18167CF.
William Bethel, Jasper, pro se.
No appearance required for appellee.
Appellant, William Bethel, appeals from the summary denial of his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm.
Appellant's offenses fall within the window period within which one may challenge a sentence imposed under chapter 95-184, Laws of Florida, which was found to violate the single subject provision of the Florida Constitution. See Heggs v. State, 25 Fla. L. Weekly S137, 25 Fla. L. Weekly S201, 25 Fla. L. Weekly S359 (Fla. Feb. 17, 2000); see also Trapp v. State, 25 Fla. L. Weekly S429 (Fla. June 1, 2000) (holding that the window period for challenging Chapter 95-184 closed on May 24, 1997). The supreme court also held that:
However, only those persons adversely affectedby the amendments made by chapter 95-184 may rely on our decision here to obtain relief. Stated another way, in the sentencing guidelines context, we determine that if a person's sentence imposed under the 1995 guidelines could have been imposed under the 1994 guidelines (without a departure), then that person shall not be entitled to relief under our decision here.
25 Fla. L. Weekly at S139. The record in this case indicates that appellant's sentence under the 1995 guidelines range was 39 to 65 years and the trial court made a downward departure and sentenced appellant to seven and one half years. Under the 1994 guidelines appellant's guidelines range was 16 to 26.67 years. Appellant's sentence could have been imposed under the 1994 guidelines and appellant was not adversely affected by the amendments.
AFFIRMED.
STONE, SHAHOOD and HAZOURI, JJ., concur.