Black v. State
District Court of Appeal of Florida
1Opinion of the CourtWarner, J.
We affirm the denial of appellant’s motion to correct an illegal sentence. The trial court correctly found that the appellant was procedurally barred from raising his claim. Appellant raised the identical issue in a prior rule 3.800 motion that was fully litigated and denied by the trial court. See State v. McBride, 848 So.2d 287, 288-91 (Fla.2003). A prior judgment on the merits is final with regard to all matters addressed by the trial court in that order, even if the order was never appealed to the District Court of Appeal. Id. at 292.
In any event, there was no error in appellant’s…
2Cases cited6 opinions
- State v. McBrideSupreme Court of Florida · 2003
- Burdick v. StateSupreme Court of Florida · 1992
- Franke v. StateDistrict Court of Appeal of Florida · 2008
- Smith v. StateDistrict Court of Appeal of Florida · 2004
- Safrany v. StateDistrict Court of Appeal of Florida · 2005
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3Cited by4 opinions
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- Pena v. StateDistrict Court of Appeal of Florida · 2012
- Rodney Deleagal v. State of FloridaDistrict Court of Appeal of Florida · 2016