ROOSEVELT HORN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Roosevelt Horn appeals an order denying his motion under Florida Rule of Criminal Procedure 3.800(a). Defendant-appellant Horn contends that there is an incorrect calculation in his sentencing guidelines scoresheet. We need not address that claim because defendant was sentenced as a habitual offender and the guidelines scoresheet is irrelevant. See § 775.084(4)(g), Fla.Stat. (1995); McKnight v. State, 773 So. 2d 577 (Fla. 3d DCA 2000). Defendant argues that his ten-year sentences exceed the legal maximum, but that is not so. Ten years is the legal maximum for a habitualized third degree felony. § 775.084(4)(a)3., Fla.Stat. (1995).
Affirmed.
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Cooper v. State, 902 So. 2d 945 (Fla. 4th DCA 2005)…posed was not illegal); Kenon v. State, 780 So. 2d 258, 261 (Fla. 5th DCA 2001)(holding sentencing scoresheet errors harmless, where imposition of violent habitual offender sentence was appropriate, rendering guidelines inapplicable); Horn v. State, 775 So. 2d 1007, 1007 (Fla. 3d DCA 2001) (holding habitual sentence rendered guidelines scoresheet irrelevant); Williams v. State, 773 So. 2d 660 (Fla. 5th DCA 2000) (holding habitual offender sentence rendered any errors in guidelines score sheet harmless). Theref…
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Rankin v. State, 174 So. 3d 1092 (Fla. 4th DCA 2015)…cause the defendant was sentenced as an habitual offender, he was not entitled to be resen-tenced even though his scoresheet was improperly calculated and the trial court sentenced him at the miscalculated maximum guideline sentence); Horn v. State, 775 So. 2d 1007, 1007 (Fla. 3d DCA 2001) (finding that “[w]e need not address th[at] claim [an incorrect calculation in his sentencing guidelines scoresheet] because defendant was sentenced as a habitual offender and the guidelines scoresheet is irrelevant”); McGee…
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State v. Gross, 833 So. 2d 777 (Fla. 3d DCA 2002)…alia, and proceeds would be found there. See Illinois v. Gates, 462 U.S. at 238, 103 S.Ct. 2317. The judge who issued the warrant “had a substantial basis for ... conclud[ing] that probable cause existed.” Id. (citation omitted); see Lopez v. State, 775 So. 2d 1007 (Fla. 3d DCA 2001); Baker v. State, 762 So. 2d 977 (Fla. 4th DCA 2000). IV. Relying on Gesell v. State, 751 So. 2d 104 (Fla. 4th DCA 1999), the trial court ruled that the single inspection of trash at the new address was not sufficient to corrobor…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Moment v. State, 773 So. 2d 577 (Fla. 4th DCA 2000)
- McKNIGHT v. State, 773 So. 2d 577 (Fla. 3d DCA 2000)