HARRIS v. STATE (2002)

District Court of Appeal of Florida,Fifth District.

Rudolph HARRIS, Appellant, v. STATE of Florida, Appellee.

No. 5D02-529.

Decided: March 22, 2002

Rudolph Harris, Lawtey, pro se. No Appearance for Appellee.

Pursuant to a negotiated plea, Rudolph Harris was convicted of the lesser-included offense of possession of cocaine and received a four year sentence. In his Rule 3.850 ¹ motion, he alleges the existence of several errors in his scoresheet. The trial court in its order acknowledges the existence of scoresheet errors but declined to grant any relief because he entered a plea in exchange for a specific term of years.

The trial court ruled correctly. Scoresheet errors are harmless when the sentence is the result of a negotiated plea agreement. See, e.g., Hill v. State, 730 So.2d 322 (Fla. 1st DCA 1999). The transcript reflects that Harris entered his plea in exchange for a four year sentence, not a guidelines sentence. Moreover, as the court points out in its order, he does not seek to withdraw his plea.

AFFIRMED.

FOOTNOTES

1. Rule 3.850, Fla. R.Crim. Pro. (1999).

PER CURIAM.

GRIFFIN, PLEUS and ORFINGER, R.B., JJ., concur.

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