Albano v. State

William Albano challenges the trial court’s order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. Alba-no’s motion alleged that he was entitled to be resentenced under Heggs v. State, 759 So.2d 620 (Fla.2000). The trial court denied Albano’s motion, attaching score-sheets which reflect that the sentence Al-bano received could have been imposed under the 1994 sentencing guidelines without a departure.

Heggs is clear that the only defendants entitled to relief are those whose sentences were adversely affected by the 1995 amendments to…