Johnson v. State

Marion Johnson appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Johnson alleges that he was sentenced on August 20, 1996, for an offense that occurred during the period in which the 1995 guidelines have been found invalid. See Heggs v. State, 759 So.2d 620 (Fla.2000). It is, however, clear from Johnson’s motion and the other records before this court that Johnson was not in fact sentenced under the guidelines but rather under the habitual felony offender statute.1 He is not, therefore, entitled to relief…