Florida District Courts of Appeal, 2002

Harris v. State

Florida District Courts of Appeal · Decided October 9, 2002 · Cope, Goderich, Jorgenson

827 So. 2d 382; 2002 Fla. App. LEXIS 14551; 2002 WL 31251693 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

MESTRES v. State (Fla. Dist. Ct. App. 2007)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Elisarmes Harris appeals an order denying his motion to correct illegal sentence. Assuming, without deciding, that the motion of defendant-appellant Harris is cognizable under Florida Rule of Criminal Procedure 3.800(a), the record conclusively refutes it. The plea colloquy on page 6 specifically states, ‘You are now sentenced as a habitual offender.” As to defendant’s claim that he does not qualify as a habitual offender, the qualifying offenses were specifically read into the record of the same plea colloquy.

Affirmed.

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