Burns v. State

Burns appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He alleges that his sentence, which was rendered under the 1995 sentencing guidelines is illegal, relying on Heggs v. State, 759 So.2d 620 (Fla.2000). He also alleges his offenses were committed on July 29, 1996, within the Heggs’ window period. The trial court denied Burns’ motion on the ground that his sentence would not be a “departure” under the 1994 guidelines. However, it did not attach any record to support that conclusion.

Burns was scored 157.8 points under the 1995…