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COOPER v. STATE

No. 5D00-2404.

772 So.2d 608 (2000)

Henry James COOPER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 8, 2000.

Attorney(s) appearing for the Case

Henry James Cooper, Crestview, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Lori E. Nelson, Assistant Attorney General, Daytona Beach, Appellee.

PLEUS, J.

Henry James Cooper has filed a facially sufficient rule 3.800(a) motion, alleging that he was entitled to be resentenced pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000). The trial court denied the motion, finding that Cooper's sentences could have been imposed under the 1994 guidelines and therefore he was not adversely affected by the application of the unconstitutional 1995 guidelines. However, the court...

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