Florida District Courts of Appeal, 2002

Harris v. State

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)

Harris v. State

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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