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FORD v. STATE, 4D00-2286 (Fla.App. 4 Dist. 8-9-2000)

District Court of Appeal of Florida, Fourth District.
Aug 9, 2000

PER CURIAM.

We affirm appellant's 1997 sentence as an habitual offender, as such sentences are not affected by the supreme court's decision inHeggs v. State, 25 Fla. L. Weekly S359 (Fla. May 4, 2000) (revised opinion). An habitual offender sentence is not a guidelines sentence even where, as here, the actual sentence imposed coincides with the bottom of guidelines.

GUNTHER, POLEN and KLEIN, JJ., concur.

NOT FINAL UNTIL THE DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.