JAMES L. HOLLIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
By way of a timely notice of appeal, the appellant challenges the trial court’s summary denial of his motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The appellant claims that he is entitled to be resen-tenced because he was sentenced pursuant to the 1995 guidelines, which have since been declared to be unconstitutional. See Heggs v. State, 759 So. 2d 620 (Fla.2000). However, to have standing to raise a Heggs claim, the appellant’s offense must have occurred “on or after October 1,1995, and before May 24, 1997.” See Trapp v. State, 760 So. 2d 924, 928 (Fla.2000)(emphasis added). The appellant’s offense date of May 24, 1997, falls outside this window period. Accordingly, the trial court’s summary denial of the appellant’s motion is affirmed.
AFFIRMED.
BOOTH, WEBSTER and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Clark v. State, 851 So. 2d 826 (Fla. 1st DCA 2003)…appellant challenges the trial court’s summary denial of his Rule 3.800(a) motion for jail credit. We reverse because the trial court failed to attach to its order portions of the record conclusively refuting the appellant’s claim. Chitty v. State, 834 So. 2d 909, 910 (Fla. 1st DCA 2003); Collins v. State, 835 So. 2d 373 (Fla. 1st DCA 2003). The appellant presented a facially sufficient claim for jail credit under Rule 3.800(a) by providing the dates for which he is seeking credit, the date of his sentence,…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Xzavier Trapp v. State, 760 So. 2d 924 (Fla. 2000)