WILLIAM PEOPLES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
WILLIAM PEOPLES, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
791 So. 2d 1253
Florida District Court of Appeal, Third District (2001)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The identical claim for a score-sheet correction and resentencing was made in an earlier motion for postconviction relief which was denied, and this court affirmed. Peoples v. State, 751 So. 2d 584 (Fla. 3d DCA 2000) (table). That determination is res judicata. As the trial court ruled in the earlier postconvietion proceeding, a claim of scoresheet error is irrelevant to habitual offender sentencing. Horn v. State, 775 So. 2d 1007 (Fla. 3d DCA 2001).
The order now under review is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Smith v. State, 820 So. 2d 1052 (Fla. 3d DCA 2002)…irty-years on the Aggravated Battery and ten-years on the Attempted Robbery. Pursuant to defendant’s pro se appeal, this court reversed defendant’s sentence since neither defendant nor counsel were present at the re-sentencing. See Smith v. State, 791 So. 2d 1253 (Fla. 3d DCA 2001). On October 31, 2001, defendant appeared in court for re-sentencing. Over defendant’s objection, and without appointing counsel, the court re-sentenced defendant to thirty-years as an habitual offender on the Aggravated Battery' a…
Authorities Cited
- Horn v. State, 775 So. 2d 1007 (Fla. 3d DCA 2001)
- Lopez v. State, 775 So. 2d 1007 (Fla. 3d DCA 2001)