BRAULIO H. PEREZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
BRAULIO H. PEREZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
767 So. 2d 609
Florida District Court of Appeal, Third District (2000)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Braulio H. Perez appeals an order denying his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800. As it appears that the same relief was requested in an earlier motion, and the denial of that relief was affirmed by this court in Perez v. State, 756 So. 2d 1017 (Fla. 3d DCA 2000), we conclude that the earlier ruling is res judicata and accordingly affirm the denial of the present motion.
Affirmed.
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Isom v. State, 800 So. 2d 292 (Fla. 3d DCA 2001)…4. These issues were therefore litigated and decided [*294] on the merits and thus fail on an application of the law of the case as well as res judicata grounds. See State v. Stabile, 443 So. 2d 398, 400 (Fla. 4th DCA 1984); see also Perez v. State, 767 So. 2d 609 (Fla. 3d DCA 2000); Smith v. State, 669 So. 2d 1133, 1134 (Fla. 3d DCA 1996). In his next two claims, Isom contends that the trial court improperly used his habitual offender status as a reason for departure from the sentencing guidelines, and that…
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Allen v. State, 917 So. 2d 906 (Fla. 3d DCA 2005)…petition was filed.”); Isom v. State, 800 So. 2d 292, 294 (Fla. 3d DCA 2001)(citing State v. Stabile, 443 So. 2d 398, 400 (Fla. 4th DCA 1984))(law of the case precludes relitigation of all issues necessarily ruled upon by the court); Perez v. State, 767 So. 2d 609 (Fla. 3d DCA 2000). Petition denied.…