SMITH v. STATE

No. 5D00-1316.

767 So.2d 614 (2000)

Michael Don SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 15, 2000.


Attorney(s) appearing for the Case

Michael Don Smith, Mayo, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Patrick W. Krechowski, Assistant Attorney General, Daytona Beach, for Appellee.


GRIFFIN, J.

Appellant, Michael Don Smith, appeals the summary denial of his Rule 3.800(a) motion. Defendant alleges that he committed the felony in question on March 4, 1996 and was sentenced under the 1995 amendment to the guidelines to 30 years or 360 months. He states that the 1995 guidelines are unconstitutional and that his sentence was affected because under the 1995 guidelines, his sentencing guidelines range was 273.75 to 456.25, and, under the 1994 guidelines...

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