Demps v. State

William Jamal Demps appeals an order denying his motion for postconviction relief filed pursuant to Rules 3.800(a) and 3.850 of the Florida Rules of Criminal Procedure. We affirm.

*746With one exception, defendant-appellant Demps’ motion for postconviction relief is substantially identical to an earlier motion which was the subject of this court’s decision in Demps v. State, 739 So.2d 708 (Fla. 3d DCA 1999). The affirmance of denial of relief in that case is res judicata in this case.

Defendant raises a new claim that he does not qualify as a habitual violent felony offender (“HVFO”) under the…