Futch v. State

Donald Arthur Futch challenges the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Procedure 3.800(a) in which he alleged that he was sentenced under an unconstitutional version of the 1995 guidelines. As the trial court acknowledged in its order, Futch’s offenses fell within the Heggs window; however, the sentences imposed were not a departure under the 1994 guidelines, and Futch is not entitled to relief. See Gonzales v. State, 779 So.2d 520 (Fla. 2d DCA 2000). Futch’s sworn motion also contained a claim that his plea was involuntary based on the…