JOSEPH W. HARPER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOSEPH W. HARPER, APPELLANT,
STATE OF FLORIDA, APPELLEE
988 So. 2d 1212
Florida District Court of Appeal, First District (2008)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. See Lane v. State, 981 So. 2d 596, 597 (Fla. 1st DCA 2008) (“Apprendi does not apply in this case because the scoring of victim injury points ... did not result in a sentence above the prescribed statutory maximum.”); see also Card v. State, 497 So. 2d 1169, 1177 (Fla.1986) (“Counsel cannot be labeled ineffective for failing to raise issues which have no merit.”).
ALLEN, DAVIS, and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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World Fuel Servs. Corp. v. Fla. Dep't OF Revenue, 23 So. 3d 1293 (Fla. 3d DCA 2010)…dividends paid to World Fuel by its foreign subsidiaries. We agree with the First and Fourth District Courts of Appeal that there is no unconstitutional discrimination against foreign commerce. See Colgate-Palmolive Co. v. Florida Dept. of Revenue, 988 So. 2d 1212 (Fla. 1st DCA 2008); Bernard Egan & Co. v. State Dept. of Revenue, 769 So. 2d 1060 (Fla. 4th DCA 2000); see also Heftler Constr. Co. v. Florida Dept. of Revenue, 438 So. 2d 139 (Fla. 3d DCA 1983). We also agree with the Department that World Fuel’…
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Armstrong v. State (Fla. 1st DCA 2020)…ce to go beyond statutory maximum). Lane, 981 So. 2d at 597–98. Thus, because Appellant’s sentence was not an upward departure and was less than the statutory maximum, the trial court properly denied the rule 3.800 motion. See also Harper v. State, 988 So. 2d 1212 (Fla. 1st DCA 2008). This well-established principle of law has been extensively cited in Florida. See Remie v. State, 100 So. 3d 744 (Fla. 5th DCA 2001); Carter v. State, 2 So. 3d 1037 (Fla. 3rd DCA 2009); Williams v. State, 288 So. 3d 44 (Fla. 2d…
Authorities Cited
- Card v. State, 497 So. 2d 1169 (Fla. 1986)
- Lane v. State, 981 So. 2d 596 (Fla. 1st DCA 2008)