Peoples v. State

District Court of Appeal of Florida

Peoples v. State

791 So. 2d 1253, 2001 Fla. App. LEXIS 11909, 2001 WL 946008

CourtDistrict Court of Appeal of Florida

DecidedAugust 22, 2001

DocketNo. 3D01-438

StatusPublished

This text of 791 So. 2d 1253 (Peoples v. State) 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.

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Peoples v. State, 791 So. 2d 1253, 2001 Fla. App. LEXIS 11909, 2001 WL 946008 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

The identical claim for a score-sheet correction and resentencing was made in an earlier motion for postconviction relief which was denied, and this court affirmed. Peoples v. State, 751 So.2d 584 (Fla. 3d DCA 2000) (table). That determination is res judicata. As the trial court ruled in the earlier postconvietion proceeding, a claim of scoresheet error is irrelevant to habitual offender sentencing. Horn v. State, 775 So.2d 1007 (Fla. 3d DCA 2001).

The order now under review is affirmed.

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PER CURIAM.

The identical claim for a score-sheet correction and resentencing was made in an earlier motion for postconviction relief which was denied, and this court affirmed. Peoples v. State, 751 So.2d 584 (Fla. 3d DCA 2000) (table). That determination is res judicata. As the trial court ruled in the earlier postconvietion proceeding, a claim of scoresheet error is irrelevant to habitual offender sentencing. Horn v. State, 775 So.2d 1007 (Fla. 3d DCA 2001).

The order now under review is affirmed.

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791 So. 2d 1253, 2001 Fla. App. LEXIS 11909, 2001 WL 946008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peoples-v-state-fladistctapp-2001.

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