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761 So. 2d 1177

Docket No. 4D99-3144.

Battle v. State

Henry A. BATTLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided June 28, 2000.

District Court of Appeal of Florida · decided 2000-06-28

Cited by 15 later decisions — most recently March 2001

15 state decisions

Key passage — most relied on by later courts

“[I]f 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.”

quoted by 2 later decisions, including Abaunza v. State, Murray v. State

“could lawfully have been imposed under the 1994 guidelines without a departure”

quoted by 1 later decision, including Abaunza v. State

Relies on Heggs v. State · 760 So. 2d 924 - Trapp v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2000-06-28

View the full empirical analysis of this case →

¶1Henry A. Battle, Bristol, pro se.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Robert R. Wheeler, Assistant Attorney General, West Palm Beach, for appellee.

¶3

ON MOTION TO RECALL MANDATE AND FOR REHEARING

¶4PER CURIAM.

¶5We grant the state's motion to recall mandate and for rehearing. In the revised *1178 opinion in Heggs v. State,759 So.2d 620 (Fla.2000), the supreme court held:

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.

¶6(Citations omitted).

¶7The sentence imposed for the 1996 cases under the 1995 guidelines could lawfully have been imposed under the 1994 guidelines without a departure. Thus, there was no sentencing error in this case.

¶8We affirm the sentence in case number 97-11808CF10A as well. The offense in that case occurred outside of the window period. See Trapp v. State,760 So.2d 924 (Fla.2000) (holding window period opened October 1, 1995 and closed May 24, 1997).

¶9AFFIRMED.

¶10POLEN, SHAHOOD and GROSS, JJ., concur.

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