MARCO PACE v. THE STATE OF FLORIDA
This text of MARCO PACE v. THE STATE OF FLORIDA (MARCO PACE v. THE STATE OF FLORIDA) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed June 21, 2023. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-0017 Lower Tribunal Nos. F98-36722, & F99-4398 ________________
Marco Pace, Appellant,
vs.
The State of Florida, Appellee.
An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Robert T. Watson, Judge.
Marco Pace, in proper person.
Ashley Moody, Attorney General, for appellee.
Before HENDON, MILLER, and BOKOR, JJ.
PER CURIAM. Affirmed. See State v. McBride, 848 So. 2d 287, 290 (Fla. 2003)
(“Although res judicata may not apply to motions filed under rule 3.800, the
similar, but more narrow, doctrine of collateral estoppel, or issue preclusion,
does apply.”); Ali v. State, 911 So. 2d 164, 166 (Fla. 3d DCA 2005) (“[T]he
trial court correctly denied the defendant’s claim regarding lack of notice as
this claim may not be raised in a motion to correct an illegal sentence
pursuant to Florida Rule of Criminal Procedure 3.800 . . . .”).
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