Florida District Courts of Appeal, 2001

Harris v. State

Harris v. State
Florida District Courts of Appeal · Decided February 28, 2001 · Campbell, Davis, Green, Monterey
787 So. 2d 62; 2001 Fla. App. LEXIS 2104; 2001 WL 193840 (Southern Reporter, Second Series)

Harris v. State

Opinion of the Court

PER CURIAM.

The trial court’s order denying Buster Harris’ motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) is affirmed without prejudice to Harris’ right, if any, to file a rule 3.850 motion as to his one guidelines sentence. See Murphy v. State, 773 So.2d 1174 (Fla. 2d DCA 2000) (en banc) (affirming without prejudice to filing a rule 3.850 motion challenging the voluntariness of the plea based upon a plea agreement wherein petitioner received the bottom of the 1995 guidelines).

Affirmed.

GREEN, A.C.J., and DAVIS, J., and CAMPBELL, MONTEREY, (Senior) Judge, concur.

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