Florida District Courts of Appeal, 2002

Thurston v. State

Thurston v. State
Florida District Courts of Appeal · Decided February 20, 2002 · Cope, Fletcher, Ramirez
813 So. 2d 117; 2002 Fla. App. LEXIS 1757; 2002 WL 237201 (Southern Reporter, Second Series)

Thurston v. State

Opinion of the Court

PER CURIAM.

Travis R. Thurston appeals an order denying his motion for postconviction relief in which he sought resentencing under Heggs v. State, 759 So.2d 620 (Fla. 2000). Defendant-appellant Thurston was given a fifteen-year sentence in this case to run concurrently with a fifteen-year federal sentence which had already been imposed. The fifteen-year term was a slight downward departure from the 1995 guidelines, but exceeds the maximum of the 1994 guidelines. Because the agreement was for a specific fifteen-year term and was not conditioned on the sentencing guidelines, the defendant is not entitled to be resen-tenced. See Vareia v. State, 777 So.2d 1168 (Fla. 3d DCA 2001); Ortega v. State, 763 So.2d 567 (Fla. 3d DCA 2000), review denied, 790 So.2d 1106 (Fla. 2001); McKnight v. State, 773 So.2d 577 (Fla. 3d DCA 2000); Dunenas v. Moore, 762 So.2d 1007 (Fla. 3d DCA 2000), review denied, 791 So.2d 1096 (Fla. 2001).

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.