Bryan v. State

David Bryan appeals the summary denial of Ms motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Bryan challenges the legality of his sentence based on the fact that he was sentenced under the 1995 sentencing guidelines, which he contends are unconstitutional based on our decision in Heggs v. State, 718 So.2d 263, 264 (Fla. 2d DCA 1998). He asserts that the offenses for which he was sentenced occurred between October 1, 1995, and May 24, 1997.

The trial court denied Bryan’s motion on two grounds. First, the court found that Bryan had filed a prior rule…