Legal Opinion

Harris v. State

District Court of Appeal of Florida

Decided July 7, 2004No. 2D04-345Published

1Opinion of the Court

NORTHCUTT, Judge.

Wendall L. Harris appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In his motion, Harris argued that his minimum mandatory sentence is illegal based on Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002). The circuit court dismissed the claim because Harris did not affirmatively allege that he committed the offense within the window created by Taylor. We affirm the dismissal of this claim without prejudice to any right Harris may have to file a facially sufficient rule 3.800(a) motion. See Sims v. State,…

2Cases cited4 opinions

  1. Taylor v. StateDistrict Court of Appeal of Florida · 2002
  2. Blake v. StateDistrict Court of Appeal of Florida · 2002
  3. Sims v. StateDistrict Court of Appeal of Florida · 2003
  4. Collins v. StateDistrict Court of Appeal of Florida · 2002

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