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796 So. 2d 562

Docket No. 3D01-1926.

McCray v. State

Anwar McCRAY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided August 8, 2001.

Rehearing Denied October 17, 2001.

District Court of Appeal of Florida · decided 2001-08-08

Cited by 3 later decisions — most recently October 2006

3 state decisions

Relies on Heggs v. State · 791 So. 2d 1093 - Andrews v. Florida Parole Commission · Dunenas v. Moore

Good law ✅— No negative treatment on recordhow we know

Decided 2001-08-08

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¶1Anwar McCray, in proper person.

¶2Robert A. Butterworth, Attorney General, for appellee.

¶3Before COPE and GERSTEN, JJ., and NESBITT, Senior Judge.

¶4PER CURIAM.

¶5Anwar McCray appeals an order denying his motion for postconviction relief. We affirm.

¶6Defendant-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.

¶7Defendant 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.

¶8Defendant 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,773 So.2d 1240 (Fla. 3d DCA 2000); see also Vareia 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).

¶9Defendant 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 *563 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.

¶10Affirmed.

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