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HARRIS v. STATE

No. 3D02-515.

827 So.2d 382 (2002)

Elisarmes HARRIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 13, 2002.

Attorney(s) appearing for the Case

Elisarmes Harris, in proper person.

Robert A. Butterworth, Attorney General, and John Barker, Assistant Attorney General, for appellee.

Before JORGENSON, COPE, and GODERICH, JJ.

PER CURIAM.

Elisarmes Harris appeals an order denying his motion to correct illegal sentence. Assuming, without deciding, that the motion of defendant-appellant Harris is cognizable under Florida Rule of Criminal Procedure 3.800(a), the record conclusively refutes it. The plea colloquy on page 5 specifically states, "You are now sentenced as a habitual offender." As to defendant's claim that he does not qualify as a habitual offender, the qualifying offenses were...

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