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Horn v. State

District Court of Appeal of Florida, Third District
Jan 17, 2001
775 So. 2d 1007 (Fla. Dist. Ct. App. 2001)
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Summary

holding habitual sentence rendered guidelines scoresheet irrelevant

Summary of this case from Cooper v. State
See 4 Summaries

Opinion

No. 3D00-1541.

Opinion filed January 17, 2001.

An appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Roberto M. Pineiro, Judge. Lower Tribunal No. 95-37704.

Affirmed.

Roosevelt Horn, in proper person. Robert A. Butterworth, Attorney General, and Margaret Brenan, Assistant Attorney General, for appellee.

Before Cope, Gersten and Green, JJ.

PER CURIAM.

Roosevelt Horn appeals an order denying his motion under Florida Rule of Criminal Procedure 3.800(a). Defendant-appellant Horn contends that there is an incorrect calculation in his sentencing guidelines scoresheet. We need not address that claim because defendant was sentenced as a habitual offender and the guidelines scoresheet is irrelevant. See § 775.084(4)(g), Fla. Stat. (1995); McKnight v. State, 25 Fla. L. Weekly D 2657 (Fla. 3d DCA Nov. 15, 2000). Defendant argues that his ten-year sentences exceed the legal maximum, but that is not so. Ten years is the legal maximum for a habitualized third degree felony. § 775.084(4)(a)3., Fla. Stat. (1995).

Summaries of

Horn v. State

District Court of Appeal of Florida, Third District
Jan 17, 2001
775 So. 2d 1007 (Fla. Dist. Ct. App. 2001)

holding habitual sentence rendered guidelines scoresheet irrelevant

Summary of this case from Cooper v. State

finding that incorrect calculation in sentencing guidelines scoresheet is irrelevant as defendant was sentenced as a habitual offender

Summary of this case from Pitts v. State

finding that “[w]e need not address th[at] claim [an incorrect calculation in his sentencing guidelines scoresheet] because defendant was sentenced as a habitual offender and the guidelines scoresheet is irrelevant”

Summary of this case from Rankin v. State

finding that "[w]e need not address that claim [an incorrect calculation in his sentencing guidelines scoresheet] because defendant was sentenced as a habitual offender and the guidelines scoresheet is irrelevant"

Summary of this case from Lafleur v. State
Case details for

Horn v. State

Case Details

Full title:ROOSEVELT HORN, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jan 17, 2001

Citations

775 So. 2d 1007 (Fla. Dist. Ct. App. 2001)

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