PONTON V. STATE
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 GREGORY PONTON, ** Appellant, ** vs. ** CASE NO. 3D01-2015 THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. 96-6548 Appellee. ** Opinion filed October 10, 2001. An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Marc Schumacher, Judge. Gregory Ponton, in proper person. Robert A. Butterworth, Attorney General, for appellee. Before SCHWARTZ, C.J., and COPE and SORONDO, JJ. PER CURIAM. The appellant seeks review of the adverse portion of the following order denying in part and granting in part his motion for post-conviction relief: 1. As to counts 2 - 16 of the information, the defendant was sentenced as a Habitual Violent Felony offender to three consecutive LIFE sentences with three consecutive 15 year minimum mandatory sentences, the maximum sentence provided by law. This Court did not utilize the guideline scoresheet in determining this sentence. Because the defendant has not been adversely affected by the 1995 guidelines, he is not entitled to be re- sentenced. Rodriguez v. State, 766 So. 2d 1147 (Fla. 3d DCA 2000); Melgares v. State, 762 So. 2d 921 (Fla. 3d DCA 1999). Therefore, the defendant's Motion to Correct Sentence in Counts 2 through 16 is hereby DENIED. 2. The defendants's Motion to Correct Sentence as to Count 1 of the Information, Armed Burglary with an Assault (a life felony), is hereby GRANTED. Everett v. State, 770 So. 2d 192 (Fla. 2d DCA 2000), Peters v. State, 769 So. 2d 490 (Fla. 4th DCA 2000). The order is correct in all respects and is Affirmed. 2
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