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RODRIGUEZ v. STATE

No. 3D00-1006.

766 So.2d 1147 (2000)

Alvarez Alberto RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 30, 2000.

Attorney(s) appearing for the Case

Alvarez Alberto Rodriguez, in proper person.

Robert A. Butterworth, Attorney General, and Jill K. Traina, Assistant Attorney General, for appellee.

Before COPE, SHEVIN and RAMIREZ, JJ.

COPE, J.

Alvarez Alberto Rodriguez appeals an order denying postconviction relief. He contends first, that he is entitled to have his habitual offender designation stricken, and his sentence treated as a guidelines sentence. Second, he contends that because the 1995 sentencing guidelines were held unconstitutional in Heggs v. State, 759 So.2d 620 (Fla.2000), he is entitled to resentencing under the pre-1995 guidelines.

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