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ALLEN v. STATE

No. 4D00-2103.

768 So.2d 1168 (2000)

Leroy ALLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 13, 2000.

Attorney(s) appearing for the Case

Leroy Allen, Arcadia, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Leroy Allen appeals the summary denial of his motion for post-conviction relief, filed pursuant to rule 3.850, Florida Rules of Criminal Procedure, in which he challenged his prison sentence of 70 months, a downward departure sentence. Appellant claims that the trial court erred in using the 1995 sentencing guidelines in sentencing him for an offense committed on March 14, 1997, pursuant to Heggs v. State, 759 So.2d 620

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