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860 So. 2d 1001

Fletcher v. State

District Court of Appeal of Florida

Decided October 29, 2003

District Court of Appeal of Florida · decided 2003-10-29

Relies on Heggs v. State · 825 So. 2d 927 - State v. Lemon · 863 So. 2d 137 - State v. Fletcher

Decided 2003-10-29

¶1ON REMAND FROM THE SUPREME COURT OF FLORIDA

PER CURIAM.

¶2This case is before the court on remand from the Supreme Court of Florida, which quashed this court’s opinion in Fletcher v. State, 800 So.2d 626 (Fla. 4th DCA 2001), and remanded for reconsideration in light of the recent decision in State v. Lemon, 825 So.2d 927 (Fla.2002). State v. Fletcher, 863 So.2d 137, 2003 WL 22019508 (Fla. Aug. 28, 2003).

¶3Applying Lemon, we affirm the trial court’s order summarily denying appellant’s rule 3.800(a) motion to correct illegal sentence, as the record shows that the statutory factors relied on by the trial court for appellant’s guidelines aggravated departure could have been imposed under the 1994 guidelines. As such, appellant was not adversely affected by application of the 1995 guidelines so as to be entitled to resentencing under Heggs v. State, 759 So.2d 620 (Fla.2000). We affirm the summary denial of appellant’s other sentencing challenge without further discussion.

¶4AFFIRMED.

FARMER, C.J., GUNTHER and STONE, JJ., concur.
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