Opinion
No. 4D00-0964.
Opinion filed April 26, 2000.
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Howard C. Berman, Judge; L.T. No. 97-3619CFA02.
Lazaro B. Rivero, Jasper, pro se.
No appearance required for appellee.
Lazaro Rivero appeals the denial of his motion to correct illegal sentence, in which he sought resentencing under Heggs v. State, 2000 WL 178052 (Fla. February 17, 2000) (slip op.). We affirm the denial because his motion does not allege the date of his offense, and therefore does not demonstrate that his case fell within the window period during which Chapter 95-184 was unconstitutional. Affirmance is without prejudice to Rivero to file a new motion in the trial court that alleges the date of his offense and shows that he has standing to challenge his sentence on this ground.
WARNER, C.J., STONE and SHAHOOD, JJ., concur.