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Plute v. State

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eBook details

  • Title: Plute v. State
  • Author : Florida Court of Appeals
  • Release Date : January 24, 2003
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 46 KB

Description

Frank Plute appeals the sentences imposed after the trial court granted his motion to correct illegal sentences pursuant to Florida Rule of Criminal Procedure 3.800(a). His earlier sentences had been imposed pursuant to an open plea under the 1995 sentencing guidelines. The trial court determined that he was entitled to be re-sentenced under the rule announced in Heggs v. State, 759 So. 2d 620 (Fla. 2000). This determination was made in accordance with our mandate in Plute v. State, 765 So. 2d 238 (Fla. 2d DCA 2000). On resentencing, the trial court imposed habitual offender sentences. Mr. Plute argues that the trial court could not impose habitual offender sentences at resentencing because guidelines sentences had been imposed at the first sentencing hearing. We disagree and affirm the sentences.


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