Opinion
Case No. 4D01-1543.
Opinion filed November 5, 2003
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ana I. Gardiner, Judge; L.T. Case No. 96-3548 CF10.
Jimmy Lee Ross, Belle Glade, pro se.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Judy Hyman, Assistant Attorney General, West Palm Beach, for appellee.
ON REMAND FROM THE FLORIDA SUPREME COURT
This case is before the court on remand from the Supreme Court of Florida in State v. Ross, 28 Fla. L. Weekly S657 (Fla. Aug. 28, 2003), which quashed this court's opinion in Ross v. State, 804 So.2d 359 (Fla. 4th DCA 2001), and remanded for reconsideration in light of its decision in State v. Lemon, 825 So.2d 927 (Fla. 2002).
Applying Lemon, we affirm the trial court's order 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 in this case for appellant's guidelines 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 trial court's summary denial of appellant's other challenges raised in his rule 3.800(a) motion without further discussion.
AFFIRMED.
FARMER, C.J., STEVENSON and TAYLOR, JJ., concur.