Miller v. State

The appellant, Jofre Warren Miller, filed a 3.850 motion, raising a Heggs [Heggs v. State, 759 So.2d 620 (Fla.2000) ] issue, which the trial court treated as a 3.800(a) motion and denied relief. We affirm.

On May 5, 1997, Miller was adjudicated guilty of second degree murder, a first degree felony, and was sentenced to 22 years incarceration. He was sentenced using a 1995 sentencing guidelines score-sheet, which provided a sentencing range of 20.8-34.6 years incarceration. Miller did not appeal his judgment and sentence.

In Heggs, the supreme court held that the 1995 amendments to the…