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Florida District Courts of Appeal, 2001

Melendez v. State

Melendez v. State
Florida District Courts of Appeal · Decided February 14, 2001 · Casanueva, Northcutt, Parker
787 So. 2d 33; 2001 Fla. App. LEXIS 1323; 2001 WL 120374 (Southern Reporter, Second Series)

Melendez v. State

Opinion of the Court

PER CURIAM.

Nestor Melendez appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), alleging that *34he is entitled to be resentenced under the supreme court’s decision in Heggs v. State, 759 So.2d 620 (Fla. 2000). We affirm without prejudice to any right Melendez might have to file a rule 3.850 motion challenging the voluntary and intelligent nature of his plea pursuant to Murphy v. State, 773 So.2d 1174 (Fla. 2d DCA 2000).

Affirmed.

PARKER, A.C.J., and NORTHCUTT and CASANUEVA, JJ., concur.

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