ORTEGA v. STATE

PER CURIAM.

The defendant moved for 3.800 relief on the basis of the invalidation of the 1995 sentencing guidelines by Heggs v. State, 759 So.2d 420, ___ (Fla. 2000). The trial court denied the petition because

The defendant was not sentenced pursuant to the 1995 Guidelines, but rather, an agreed plea where a Statutory minimum mandatory sentence was waived.

Therefore, the defendant's sentence was not illegal pursuant to Heggs v. State, 25 Fla. L. Weekly S137 (Fla. Feb. 17, 2000) and is hereby denied.

The decision is correct and is affirmed. Dunenas v. Moore, ___ So.2d ___ (Fla.3d DCA Case no. 3D00-952, opinion filed, July 12, 2000)[25 FLW D1666], and cases cited.