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TATE v. MOORE

No. 3D01-2119.

802 So.2d 1157 (2001)

Russell TATE, Petitioner, v. Michael W. MOORE, Sec. Fla. Dept. Corr., etc., Respondent.

District Court of Appeal of Florida, Third District.

November 21, 2001.

Attorney(s) appearing for the Case

Russell Tate, in proper person.

Robert A. Butterworth, Attorney General, and Frank J. Ingrassia, Assistant Attorney General, for respondent.

Before JORGENSON, LEVY, and GODERICH, JJ.

PER CURIAM.

Defendant seeks a writ of habeas corpus. We deny the petition, as defendant is not entitled to relief under Heggs v. State, 759 So.2d 620 (Fla.2000). See Dunenas v. Moore, 762 So.2d 1007 (Fla. 3d DCA 2000) (holding that where negotiated plea not conditioned upon sentencing guidelines and does not exceed statutory maximum, sentence not unlawful under Heggs).

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