TATE V. MOORE

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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 RUSSELL TATE, Petitioner, ** MICHAEL W. MOORE, SEC. FLA. DEPT. CORR., etc., CASE NO. 3D01-2119 ** vs. ** LOWER TRIBUNAL NOS. 94-26099 95-38454 ** ** Respondent. ** Opinion filed November 21, 2001. A Case of Original Jurisdiction Habeas Corpus. Russell Tate, in proper person. Robert A. Butterworth, Attorney General, and Frank J. Ingrassia, Assistant Attorney General, for respondent. Before JORGENSON, LEVY, and GODERICH, JJ. PER CURIAM. Defendant seeks a writ of habeas corpus. We deny the petition, as defendant is not entitled to relief under Heggs v. State, 759 So.2d 620 (Fla. 2000). 2000) (holding See Dunenas v. Moore, 762 So. 2d 1007 (Fla. 3d DCA that where negotiated plea not conditioned upon sentencing guidelines and does not exceed statutory maximum, sentence not unlawful under Heggs). Petition denied. -2-

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