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SPACCO v. STATE

No. 5D00-1459.

762 So.2d 597 (2000)

James Paul SPACCO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 4, 2000.

Attorney(s) appearing for the Case

James Paul Spacco, Raiford, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.

COBB, J.

Defendant, James Paul Spacco, appeals the summary denial of his Rule 3.850 motion. He claims that he is entitled to be resentenced because the trial court applied the 1995 sentencing guidelines, which the Florida Supreme Court determined were unconstitutional in Heggs v. State, 759 So.2d 620 (Fla.2000). The trial court denied defendant's motion because his offenses were committed outside the window period. However...

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