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773 So. 2d 577

Docket No. 3D00-2322.

McKnight v. State

David E. McKNIGHT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 15, 2000.

District Court of Appeal of Florida · decided 2000-11-15

Cited by 10 later decisions — most recently January 2018

9 state decisions

Relies on Heggs v. State · Dunenas v. Moore

Good law ✅— No negative treatment on recordhow we know

Decided 2000-11-15

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¶1David E. McKnight, in proper person.

¶2Robert A. Butterworth, Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellee.

¶3Before COPE, SHEVIN and SORONDO, JJ.

¶4PER CURIAM.

¶5David E. McKnight appeals an order denying postconviction relief, contending that he is entitled to be resentenced under Heggs v. State,759 So.2d 620 (Fla.2000).

¶6In Miami-Dade County Circuit Court case number 96-1116, appellant entered into a plea bargain for a habitual offender sentence. Such sentences are not subject to the sentencing guidelines, see § 775.084(4)(g), Florida Statutes (1995), and the habitual offender sentence is not affected by Heggs. The non-habitual sentences imposed in circuit court case numbers 96-428 and 96-4316 were agreed to as part of the plea bargain and were not conditioned upon the sentencing guidelines. They are likewise unaffected by Heggs. See Dunenas v. Moore,762 So.2d 1007, 1008 (Fla. 3d DCA 2000).

¶7Affirmed.

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