JIMMY LEE HARRIS A/K/A JIMMY LEE BARNES, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Talmage E. Thomas v. State, 932 So. 2d 1221 (Fla. 5th DCA 2006)
  …786 So. 2d 1173, 1178 (Fla.2001) (quoting Blakley v. State, 746 So. 2d 1182, 1186-87 (Fla. 4th DCA 1999)). In order to obtain relief pursuant to rule 3.800(a), the claim must establish a basis for relief from the face of the record. Harris v. State, 902 So. 2d 292, 292 (Fla. 3d DCA 2005). In arguing Thomas’s sentence is authorized, the State posits: Florida’s “10-20-life” statute provides that when a defendant carries, uses, or kills/injures someone during the commission of a crime, the felony is reclassifi…
• Shade v. State, 925 So. 2d 453 (Fla. 1st DCA 2006)
  …f which has merit. Specifically, Appellant claims the portion of his sentence which requires hard labor is illegal. We agree. Where a defendant commits his crimes after 1970, a hard labor condition constitutes an illegal sentence. Harris v. State, 902 So. 2d 292 (Fla. 3d DCA 2005); Burney v. State, 705 So. 2d 90 (Fla. 2d DCA 1997). Consequently, Appellant is entitled to have the condition of hard labor stricken from his sentence. Harris, 902 So. 2d at 292; Burney, 705 So. 2d at 90. The case is remanded fo…
• Harris v. State, 922 So. 2d 1032 (Fla. 3d DCA 2006)
  …May 25, 2004, this court issued an opinion reversing the “hard labor” portion of his sentence, but affirming the remainder of the defendant’s 3.800 motion, finding that there was “no merit to appellant’s remaining challenges .... ” Harris v. State, 902 So. 2d 292 (Fla. 3d DCA 2005). As it is clear that the issues raised in the defendant’s present motion have been previously addressed and rejected by this court, we affirm the trial court’s order denying the defendant’s present 3.850 motion. See Downs v. State…

Authorities Cited

• Holman v. State, 740 So. 2d 1258 (Fla. 3d DCA 1999)