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eBook details

• Title: Rodriguez v. State
• Author : Florida Court of Appeal
• Release Date : January 30, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

An appeal under Fla. R. App. P. 9.140(i) from the Circuit Court for Dade County, Roberto M. Pineiro, Judge. Alvarez Alberto Rodriguez appeals an order denying post-conviction relief. He contends first, that he is entitled to have his habitual offender designation stricken, and his sentence treated as a guidelines sentence. Second, he contends that because the 1995 sentencing guidelines were held unconstitutional in Heggs v. State, 759 So. 2d 620 (Fla. 2000), he is entitled to resentencing under the pre-1995 guidelines. We conclude that defendant-appellant Rodriguez is not entitled to this relief, although we must remand for technical correction of his sentences on two counts.

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