Legal Opinion

Harper v. State

District Court of Appeal of Florida

Decided March 11, 2009No. 2D07-5520PublishedCited by 1 opinion

1Opinion of the Court

LaROSE, Judge.

Larry David Harper appeals the imposition of a 33.4-month sentence following his no contest plea to charges of criminal mischief, felony petit theft, and burglary of a structure. He claims that the scoresheet erroneously included 3.1 points for two additional offenses that the State dropped as part of the plea agreement. The State concedes that the scoresheet is incorrect. Mr. Harper preserved this issue for appeal by filing a Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct a sentencing error. 1 See Fla. R.App. P. 9.140(b)(2)(A)(ii)(d); Jackson v. State, 988…

2Cases cited2 opinions

  1. State v. AndersonSupreme Court of Florida · 2005
  2. Henson v. StateDistrict Court of Appeal of Florida · 2008

3Cited by1 opinion

  1. Shorter v. StateDistrict Court of Appeal of Florida · 2009

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