Harris v. State

827 So. 2d 382, 2002 Fla. App. LEXIS 14551, 2002 WL 31251693
District Court of Appeal of Florida·Decided October 9, 2002·No. No. 3D02-515·Published·Cited by 2 cases

Opinion

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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Harris v. State, 827 So. 2d 382, 2002 Fla. App. LEXIS 14551, 2002 WL 31251693 (Fla. Ct. App. 2002).

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