Tate v. Moore

Full title: RUSSELL TATE, Petitioner, v. MICHAEL W. MOORE, SEC. FLA. DEPT. CORR.…

Court: District Court of Appeal of Florida, Third District

Date published: Nov 21, 2001

802 So. 2d 1157 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 3D01-2119

Opinion filed November 21, 2001.

A Case of Original Jurisdiction — Habeas Corpus. Lower Tribunal Nos. 94-26099.

Russell Tate, in proper person. Robert A. Butterworth, Attorney General, and Frank J. Ingrassia, Assistant Attorney General, for respondent.

Before JORGENSON, LEVY, and GODERICH, JJ.

PER CURIAM.

Defendant seeks a writ of habeas corpus. We deny the petition, as defendant is not entitled to relief under Heggs v. State, 759 So.2d 620 (Fla. 2000). See Dunenas v. Moore, 762 So.2d 1007 (Fla. 3d DCA 2000) (holding that where negotiated plea not conditioned upon sentencing guidelines and does not exceed statutory maximum, sentence not unlawful under Heggs).

Petition denied.