Smith v. State

STRINGER, Judge.

George Smith appeals the trial court’s denial of his amended motion to withdraw plea and his motion to correct illegal sentence or withdraw plea filed in cases 96-18201, 97-6973, 97-12308, and 00-6893, consolidated on appeal. We affirm the denial of both motions and write only as to Smith’s motion to correct illegal sentence or withdraw plea filed pursuant to Florida Rule of Criminal Procedure 3.800(b).

In his rule 3.800(b) motion, Smith alleged that he is entitled to relief under Heggs v. State, 759 So.2d 620 (Fla.2000). In Heggs, the supreme court declared unconstitutional…