Gilley v. State

Defendant appeals from the denial of his motion to correct an illegal sentence. We affirm.

Defendant was sentenced pursuant to a negotiated plea agreement for acts committed on July 28, 1996. The trial court sentenced him pursuant to the 1995 guidelines, which have been declared invalid by the Florida Supreme Court. See Heggs v. State, 759 So.2d 620 (Fla.2000). Although the date of the offense falls within the window period announced in Heggs, the sentence imposed is not automatically unlawful. “ ‘[I]f a person’s sentence imposed under the 1995 guidelines could have been imposed under the 1994…