CURIAM. AFFIRMED. See Bonilla v. State, 766 So.2d 1192, 1193 (Fla. 5th DCA 2000) (<HOLDING>). THOMPSON, MONACO and TORPY, JJ.,
holding if the plea agreement was not conditioned on the sentencing guidelines an appellant is not entitled to relief because his sentence is not illegal holding that objecting to guidelines calculations as specifically reserved in the plea agreement is not a breach of the plea agreement even if the objection is overruled and thus government is not released from obligation under the agreement to move for acceptance of responsibility holding a sentence is not based on the guidelines unless the plea agreement itself expressly uses a guidelines sentencing range to establish the term of imprisonment holding that defendant entitled to resentencing if the sentence imposed under the unconstitutional 1995 sentencing guidelines would constitute an impermissible departure sentence under the 1994 guidelines holding defendant sentenced to term equal to maximum guidelines sentence under improperly calculated sentencing guidelines scoresheet was not entitled to be resentenced because defendant was habitualized such that sentencing guidelines score sheet was irrelevant and the sentence imposed was not illegal