Cedric Dennard v. State

I must respectfully dissent from the majority opinion. The sentences are illegal, as the majority notes. The twenty-two year term can be made legal only by imposing lesser terms and making them consecutive to each other.1

*1058State v. McBride, 848 So.2d 287 (Fla.2003), on which the majority relies, holds that a defendant is not precluded from re-litigating the illegality of a sentence under law of the case or res judicata, but may be barred by collateral estoppel, unless a manifest injustice may occur. In McBride, the court determined that re-litigation of the sentencing claim was barred, because…