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RIVERA v. STATE

No. 3D99-3180.

758 So.2d 1270 (2000)

Mario Olanzo RIVERA, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

June 7, 2000.

Attorney(s) appearing for the Case

Mario Olanzo Rivera, for petitioner.

Robert A. Butterworth, Attorney General and Barbara A. Zappi, Assistant Attorney General, for respondent.

Before COPE, GREEN, and FLETCHER, JJ.

PER CURIAM.

We deny the petitioner's, Mario Olanzo Rivera, petition for writ of habeas corpus. However, in light of the fact that he was sentenced under guidelines which the supreme court has found to be unconstitutional, see Heggs v. State, 759 So.2d 620 (Fla.2000), we remand with directions that the petitioner be resentenced pursuant to the guidelines which were valid at the time that he committed the offenses. See also...

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