District Court of Appeal of Florida March 16, 2001, No. 5D00-1581 (Schlachter v. State)

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United States · · · 16-03-2001

ON MOTION FOR REHEARING

PER CURIAM.

Upon motion for rehearing we withdraw the previous order of this court and substitute the following opinion.

The trial court’s 1 May 2000 order denying the defendant’s motion to correct an illegal sentence was based on a finding that the sentence would be proper under both the 1994 and 1995 guidelines.

Initially, it should be noted that claims under Heggs v.

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