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Harris v. State, 5D02-529 (2002)

Court: District Court of Appeal of Florida Number: 5D02-529 Visitors: 16
Judges: Per Curiam
Filed: Mar. 22, 2002
Latest Update: Apr. 06, 2017
Summary: 810 So. 2d 1093 (2002) Rudolph HARRIS, Appellant, v. STATE of Florida, Appellee. No. 5D02-529. District Court of Appeal of Florida, Fifth District. March 22, 2002. *1094 Rudolph Harris, Lawtey, pro se. No Appearance for Appellee. PER CURIAM. Pursuant to a negotiated plea, Rudolph Harris was convicted of the lesser-included offense of possession of cocaine and received a four year sentence. In his Rule 3.850 [1] motion, he alleges the existence of several errors in his scoresheet. The trial court
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810 So. 2d 1093 (2002)

Rudolph HARRIS, Appellant,
v.
STATE of Florida, Appellee.

No. 5D02-529.

District Court of Appeal of Florida, Fifth District.

March 22, 2002.

*1094 Rudolph Harris, Lawtey, pro se.

No Appearance for Appellee.

PER CURIAM.

Pursuant to a negotiated plea, Rudolph Harris was convicted of the lesser-included offense of possession of cocaine and received a four year sentence. In his Rule 3.850[1] motion, he alleges the existence of several errors in his scoresheet. The trial court in its order acknowledges the existence of scoresheet errors but declined to grant any relief because he entered a plea in exchange for a specific term of years.

The trial court ruled correctly. Scoresheet errors are harmless when the sentence is the result of a negotiated plea agreement. See, e.g., Hill v. State, 730 So. 2d 322 (Fla. 1st DCA 1999). The transcript reflects that Harris entered his plea in exchange for a four year sentence, not a guidelines sentence. Moreover, as the court points out in its order, he does not seek to withdraw his plea.

AFFIRMED.

GRIFFIN, PLEUS and ORFINGER, R.B., JJ., concur.

NOTES

[1] Rule 3.850, Fla. R.Crim. Pro. (1999).

Source:  CourtListener

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