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779 So. 2d 548

Tindle v. State

District Court of Appeal of Florida

Decided January 19, 2001

District Court of Appeal of Florida · decided 2001-01-19

Relies on Heggs v. State · 771 So. 2d 57 - Daniels v. State

Decided 2001-01-19

PER CURIAM.

¶1Danny Tindle appeals the trial court’s order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because Tindle has failed to allege that his sentence imposed under the 1995 sentencing guidelines would constitute a departure sentence under the 1994 sentencing guidelines, Tindle has failed to present a facially sufficient claim for relief under Heggs v. State, 759 So.2d 620 (Fla.2000).

¶2As this court did in Daniels v. State, 771 So.2d 57 (Fla. 2d DCA 2000), we affirm without prejudice to Tindle to file a timely, facially sufficient motion to withdraw his plea pursuant to Florida Rule of Criminal Procedure 3.850 if he has sufficient grounds to do so.

PARKER, A.C.J., and WHATLEY and CASANUEVA, JJ., concur.
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