Opinion
Case No. 3D00-2994
Opinion filed February 14, 2001. Rehearing Denied April 11, 2001.
An appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Barbara S. Levenson, Judge. Lower Tribunal No. 96-35390.
Maltimore Reynolds, in proper person. Robert A. Butterworth, Attorney General, for appellee.
Before JORGENSON, COPE and RAMIREZ, JJ.
Maltimore Reynolds appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm.
Defendant-appellant was sentenced under the 1995 sentencing guidelines. He contends that by virtue of Heggs v. State, 759 So.2d 620 (Fla. 2000), he is entitled to be resentenced under the 1994 guidelines. The trial court correctly ruled that defendant is not entitled to relief because his eight-year sentence falls within the 1994 sentencing guidelines. Accordingly, he is not entitled to be resentenced. See id. at 627.
We reject defendant's arguments regarding gain time on authority ofSanchez v. State, 765 So.2d 246 (Fla. 3d DCA 2000), Cook v. State, 767 So.2d 572 (Fla. 4th DCA 2000), and Clements v. State, 761 So.2d 1245 (Fla. 2d DCA 2000).
Defendant's claims of ineffective assistance of trial counsel are facially insufficient or refuted by the record.
Affirmed.