ANWAR MCCRAY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that a bargained sentence for a specific term of years, even if a downward departure from the 1995 guidelines, does not entitle the defendant to relief under Heggs v. State if it was not explicitly agreed to be at the bottom of the 1994 guidelines.
Defendant Anwar McCray accepted a plea bargain for a downward departure sentence of fourteen years, which was later reduced to ten years. He argued th…
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PER CURIAM.
Anwar McCray appeals an order denying his motion for postconviction relief. We affirm.
Defendant-appellant McCray entered into a plea bargain for a downward departure sentence of fourteen years. This was slightly below the 1995 sentencing guidelines. Subsequently the sentence was reduced to ten years.
Defendant alleges, and we assume for present purposes, that he is within the window period for Heggs v. State, 759 So. 2d 620 (Fla.2000)., It appears that the defendant’s 1994 guidelines are 6.4 to 10.8 years.
Defendant argues that since his bargained sentence was a downward departure from the 1995 guidelines, it follows that after Heggs, he should receive a downward departure from the 1994 guidelines. We rejected that argument in Mullins v. State, 778 So. 2d 1240 (Fla. 3d DCA 2000); see also Varetia v. State, 777 So. 2d 1168 (Fla. 3d DCA 2001) (cited with approval in Latiif v. State, 787 So. 2d 834, 836 (Fla.2001)); Dunenas v. Moore, 762 So. 2d 1007 (Fla. 3d DCA 2000), rev. denied, No. SC00-1810, 791 So. 2d 1096 (Fla. June 4, 2001).
Defendant contends that he is entitled to relief under Buckingham v. State, 771 So. 2d 1206 (Fla. 2d DCA 2000) (cited with approval in Latiif v. State, 787 So. 2d at 837), but that case apparently involved an explicit agreement for a sentence at the bottom of the sentencing guidelines. The present case does not involve an agreement for guideline sentencing but on the contrary, was for a specific term of years.
Affirmed.
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Legere v. State, 862 So. 2d 824 (Fla. 5th DCA 2003)…sed on change in law; his relief, if indeed he is entitled to relief, is by withdrawing his plea and not by receiving the benefit of a negotiated plea sweetened by an additional reduction of sentence based upon subsequent case law); McCray v. State, 796 So. 2d 562, 563 (Fla. 3d DCA 2001) (defendant not entitled to relief because his case did not involve an agreement for guidelines sentencing but on the contrary, was for a specific term of years); cf. Dudek v. State, 783 So. 2d 331 (Fla. 5th DCA 2001) (“[Appel…
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Trigg v. State, 900 So. 2d 674 (Fla. 4th DCA 2005)…is probation was incorrect under Heggs v. State, 759 So. 2d 620 (Fla.2000). Because the record reflects that his sentence was the result of a negotiated plea, we affirm. See Hall v. State, 789 So. 2d 1052 (Fla. 5th DCA 2001); [*675] McCray v. State, 796 So. 2d 562 (Fla. 3d DCA 2001). The trial court denied appellant relief on the ground that relief had to be requested within two years of the Heggs opinion. We recently determined that a rule 3.800 motion alleging scoresheet errors under Heggs is not untimely…
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Mays v. State, 944 So. 2d 397 (Fla. 3d DCA 2006)…d pursuant to a negotiated plea, the claim is in actuality an attack regarding the volun- [*399] tariness of his plea which must be brought pursuant to Florida Rule of Criminal Procedure 3.850 as a motion to vacate his sentence. See McCray v. State, 796 So. 2d 562, 562-63 (Fla. 3d DCA 2001); Hall v. State, 789 So. 2d 1052, 1052 (Fla. 5th DCA 2001). However, because more than two years have passed since Mays’ conviction became final, he is procedurally barred from raising a motion pursuant to Florida Rule of C…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Durwin D. Dunenas v. Moore, 762 So. 2d 1007 (Fla. 3d DCA 2000)
- Salim Kamau Latiif v. State, 787 So. 2d 834 (Fla. 2001)
- Buckingham v. State, 771 So. 2d 1206 (Fla. 2d DCA 2000)
- Vareia v. State, 777 So. 2d 1168 (Fla. 3d DCA 2001)