Street v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2005 MARK L. STREET, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D05-2589 [September 7, 2005] PER CURIAM. Although it does not appear that appellant previously raised these specific Florida Rule of Criminal Procedure 3.800 claims, as the trial court s order suggests, the issues raised are meritless nonetheless. See Studnicka v. State , 679 So. 2d 819, 822 (Fla. 3d DCA 1996) (stating that habitual felony offender sentence pronounced after October 1, 1988 is not a sentence governed by sentencing guidelines); Cooper v. State , 902 So. 2d 945, 947 (Fla. 4th DCA 2005) (any error in guidelines scoresheet harmless when defendant is sentenced as habitual offender). Furthermore, appellant agreed to a negotiated plea and sentence. Affirmed. STEVENSON , C.J., WARNER and K LEIN, JJ., concur. * * * Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Richard I. Wennet, Judge; L.T. Case Nos. 91-8325 CFA02 & 91-11552 CFA02. Mark L. Street, Arcadia, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing.

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