Florida District Courts of Appeal, 2001

Harrison v. State

Harrison v. State
Florida District Courts of Appeal · Decided October 31, 2001 · Blue, Davis, Silberman
804 So. 2d 448; 2001 Fla. App. LEXIS 15188; 2001 WL 1334754 (Southern Reporter, Second Series)

Harrison v. State

Opinion of the Court

PER CURIAM.

Johnny J. Harrison appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm his first claim without comment. See Johnson v. State, 763 So.2d 283 (Fla. 2000). Regarding Harrison’s claim that his sentence is illegal because his plea form does not indicate he agreed to be sentenced as a habitual felony offender, we affirm without prejudice to his right to file a timely and facially sufficient motion pursuant to rule 3.850, if he is able to do so.

BLUE, C.J., and DAVIS and SILBERMAN, JJ., Concur.

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