Harris v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2010 TIMOTHY SCOTT HARRIS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-655 [ December 22, 2010 ] PER CURIAM. We summarily affirm the circuit court s denial of Harris s rule 3.800(a) motion to correct an illegal sentence and motion for rehearing, which the court construed to be a rule 3.850 motion. Fla. R. Crim. P. 3.850. We caution Harris that the filing of successive or otherwise procedurally barred claims will result in proceedings to determine appropriate sanctions. See State v. Spencer, 751 So. 2d 47 (Fla. 1999). Affirmed. POLEN, STEVENSON and TAYLOR, JJ., concur. * * * Appeal of order denying rule 3.800 motion from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Robert A. Hawley, Judge; L.T. Case No. 311990CF000335A. Timothy Scott Harris, South Bay, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing.

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