BUSTER HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BUSTER HARRIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
787 So. 2d 62
Florida District Court of Appeal, Second District (2001)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The 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).
Affirmed.
GREEN, A.C.J., and DAVIS, J., and CAMPBELL, MONTEREY, (Senior) Judge, concur.
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Ira Demetrius McPHERSON v. State, 787 So. 2d 104 (Fla. 2d DCA 2001)…s order as it applies to ground four and remand for further proceedings. If the trial court again denies this claim without an eviden-tiary hearing, it shall attach those portions of the record which conclusively refute the claim. Anderson v. State, 787 So. 2d 62 (Fla. 2d DCA 2001). Affirmed in part; reversed and remanded with instructions. PARKER, A.C.J., and WHATLEY, J„ concur.…
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