Opinion
No. 4D04-3187.
March 23, 2005.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jorge Labarga, Judge; L.T. Case No. 99-3817 CFA02.
George Rivera, Wewahitchka, pro se.
No appearance required for appellee.
George Rivera appeals an order summarily denying his rule 3.850 motion for postconviction relief. We affirm without discussion. This court's affirmance is without prejudice to Rivera filing an appropriate motion in the trial court to argue error associated with the calculation of his sentence by scoring his offenses as level nine offenses. See Chavis v. State, 796 So.2d 607 (Fla. 2d DCA 2001); Millien v. State, 766 So.2d 475 (Fla. 4th DCA 2000).
FARMER, C.J., SHAHOOD and GROSS, JJ., concur.