Moss v. State

This is an appeal of an order summarily denying a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). We affirm the order, but on a basis different from that which was stated by the trial court.

The trial court’s denial order points out that defendant-appellant Derrick Moss has filed numerous previous postconviction motions. The denial order states, in part, that “Defendant provides no explanation for why these claims could not have been raised in his previous motions. Defendant’s claims are therefore denied as successive.”

We are unable to affirm the denial…