Bethel v. State, 764 So. 2d 823 (Fla. 4th DCA 2000). · Go Syfert
Search
Bethel v. State, 764 So. 2d 823 (Fla. 4th DCA 2000). Cases Citing This Book View Copy Cite
5 citation events (3 in the last 25 years) across 1 distinct court.
Strongest positive: Davis v. State, 804 So. 2d 366 (Fla. 4th DCA 2001)
How cited ↗
Cited for
At page 824 William Bethel, Jasper, pro se. No appearance required for appellee. PER CURIAM. Appellant, William Bethel, appeals from the summary denial of his motion to…1 citing caseopening of page *824 (no citing court says what it cites this page for)
  • Davis v. State, 804 So. 2d 366 (Fla. 4th DCA 2001).
    This court addressed that issue in Bethel v. State, 764 So.2d 823 (Fla. 4th DCA 2000), and concluded that when the sentence imposed is also a downward departure from the 1994 guidelines, no relief under Heggs is warranted because “the sent…
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
William BETHEL, Appellant,
v.
STATE of Florida, Appellee.
4D00-2082.
District Court of Appeal of Florida, Fourth District.
Jul 26, 2000.
764 So. 2d 823
2000 WL 1022323
Per Curiam.
Cited by 3 opinions  |  Published

[*824] William Bethel, Jasper, pro se.

No appearance required for appellee.

PER CURIAM.

Appellant, William Bethel, appeals from the summary denial of his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm.

Appellant's offenses fall within the window period within which one may challenge a sentence imposed under chapter 95-184, Laws of Florida, which was found to violate the single subject provision of the Florida Constitution. See Heggs v. State, 759 So.2d 620 (Fla.2000); see also Trapp v. State, 760 So.2d 924 (Fla.2000) (holding that the window period for challenging Chapter 95-184 closed on May 24, 1997). The supreme court also held that:

However, only those persons adversely affected by the amendments made by chapter 95-184 may rely on our decision here to obtain relief. Stated another way, in the sentencing guidelines context, we determine that if a person's sentence imposed under the 1995 guidelines could have been imposed under the 1994 guidelines (without a departure), then that person shall not be entitled to relief under our decision here.

759 So.2d 620. The record in this case indicates that appellant's sentence under the 1995 guidelines range was 39 to 65 years and the trial court made a downward departure and sentenced appellant to seven and one half years. Under the 1994 guidelines appellant's guidelines range was 16 to 26.67 years. Appellant's sentence could have been imposed under the 1994 guidelines and appellant was not adversely affected by the amendments.

AFFIRMED.

STONE, SHAHOOD and HAZOURI, JJ., concur.