Harper v. State

On Remand prom the Supreme Court op Florida

This court previously entered an opinion in Harper v. State, 874 So.2d 673 (Fla. 4th DCA 2004), reversing the trial court’s dismissal of Harper’s rule 3.800(a) motion challenging the trial court’s retention over one-third of his sentence without entering written findings. We certified conflict with the second district’s opinion in Wright v. State, 684. So.2d 1153 (Fla. 2d DCA 2003). The Florida Supreme Court af*835firmed the second district’s holding in Wright v. State, 911 So.2d 81 (Fla.2005), determining that this type of challenge is not a cognizable…