Harper v. State

Full title: Joseph W. HARPER, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Aug 19, 2008

988 So. 2d 1212 (Fla. Dist. Ct. App. 2008)

Opinion

No. 1D08-1101.

August 19, 2008.

An appeal from the Circuit Court for Leon County. Kathleen F. Dekker, Judge.

Hilda Piloto of Arnstein Lehr, LLP, Miami, for Appellant.

Bill McCollum, Attorney General, and Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.

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.