Florida District Courts of Appeal, 2002

Lampley v. State

Lampley v. State
Florida District Courts of Appeal · Decided November 15, 2002 · Fulmer, Northcutt, Whatley
830 So. 2d 901; 2002 Fla. App. LEXIS 16939; 2002 WL 31526179 (Southern Reporter, Second Series)

Lampley v. State

Opinion of the Court

PER CURIAM.

Damion L. Lampley appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Lampley sought resentencing under Heggs v. State, 759 So.2d 620 (Fla. 2000). We affirm the summary denial of Lampley’s motion because Lampley’s sentence under the 1995 guidelines could have been imposed without a departure under the 1994 guidelines. Thus, he is not entitled to resentencing. See Heggs, 759 So.2d at 627.

Affirmed.

FULMER, WHATLEY, and NORTHCUTT, JJ., Concur.

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