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Williams v. State

District Court of Appeal of Florida, Fifth District
Sep 22, 2000
772 So. 2d 37 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 5D00-2297

Opinion filed September 22, 2000 July Term 2000

Appeal from the Circuit Court for Volusia County, Shawn L. Briese, Judge.

Stacy B. Williams, Avon Park, pro se.

No Appearance for Appellee.


Appellant, Stacy B. Williams, appeals the summary denial of his 3.800(a) motion to correct sentence. Appellant claims that he was sentenced under the unconstitutional 1995 sentencing guidelines. Heggs v. State, 759 So.2d 620 (Fla. 2000). The trial court refuted this allegation by attaching documents showing that appellant, at his original plea hearing waived the sentencing guidelines, were he to violate his probation, in exchange for an agreement to immediately sentence him to probation, rather than to a guidelines sentence of between 16.2 and 27 months in the Department of Corrections. On October 22, 1998, defendant's probation was revoked and he was sentenced to five years incarceration. As defendant waived the guidelines in order to receive probation, upon revocation of probation, the court was not bound by the guidelines. The unconstitutional guidelines were not applied to defendant, and the lower court did not err in denying Williams' motion.

AFFIRMED.

THOMPSON, C.J., and PETERSON, J., concur.

ON MOTION FOR REHEARING

Appellant has moved for rehearing contending that McGlothlin v. State, 714 So.2d 640 (Fla. 4th DCA 1998) conflicts with this court's opinion. McGlothlin is irrelevant to this case. Appellant agreed, as a condition of the downward departure, that upon a future violation of probation, the guidelines would be waived.

DENIED


Summaries of

Williams v. State

District Court of Appeal of Florida, Fifth District
Sep 22, 2000
772 So. 2d 37 (Fla. Dist. Ct. App. 2000)
Case details for

Williams v. State

Case Details

Full title:STACY B. WILLIAMS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Sep 22, 2000

Citations

772 So. 2d 37 (Fla. Dist. Ct. App. 2000)