Harris v. State

District Court of Appeal of Florida

Decided February 28, 2001

District Court of Appeal of Florida · decided 2001-02-28

Cited by 1 later decisions — most recently April 2001

1 state decisions

Relies on Pagliaro v. Penske Auto Centers, Inc.

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Decided 2001-02-28

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PER CURIAM.

¶1The trial court’s order denying Buster Harris’ motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) is affirmed without prejudice to Harris’ right, if any, to file a rule 3.850 motion as to his one guidelines sentence. See Murphy v. State, 773 So.2d 1174 (Fla. 2d DCA 2000) (en banc) (affirming without prejudice to filing a rule 3.850 motion challenging the voluntariness of the plea based upon a plea agreement wherein petitioner received the bottom of the 1995 guidelines).

¶2Affirmed.

GREEN, A.C.J., and DAVIS, J., and CAMPBELL, MONTEREY, (Senior) Judge, concur.