NATHANIEL WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appellant's challenge to his sentencing was barred by the law of the case doctrine, as the issue had been raised and decided in a prior direct appeal.
The appellant was sentenced as a violent habitual offender based on a prior manslaughter conviction. He filed a motion to correct an illegal sentence,…
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W. SHARP, Judge.
White appeals the trial court’s denial of his motion to correct an illegal sentence filed pursuant to rule 3.800. He argues he was improperly sentenced as a violent habitual offender1 because the predicate offense used was a 1977 manslaughter conviction.2 It stemmed from a charge of driving under the influence of alcohol during the course of which White struck and killed a bicyclist with his car. White took a direct appeal to this court. His sentences and convictions were per cu-riam affirmed. See White v. State, 576 So. 2d 307 (Fla. 5th DCA 1991). This court has upheld sentencing a defendant as a violent felony offender based on a previous felony conviction approximately the equivalent of DUI/manslaughter. Canales v. State, 571 So. 2d 87 (Fla. 5th DCA 1990).
In the prior direct appeal, based on this court’s records, White in fact challenged his violent habitual felony offender sentence on the very grounds he now seeks to raise in the context of this appeal from a rule 3.800 motion. Under the law of the case doctrine (a species of res judicata), White cannot raise this issue again. Sanders v. State, 621 So. 2d 723 (Fla. 5th DCA), rev. denied, 629 So. 2d 135 (Fla.1993). A per curiam decision even without opinion establishes the law of the case on the same issues and facts which were raised or which could have been raised. Gaskins v. State, 502 So. 2d 1344, 1346 (Fla. 2d DCA 1987); State v. Stabile, 443 So. 2d 398 (Fla. 4th DCA 1984).
AFFIRMED.
DAUKSCH and PETERSON, JJ., concur. . § 775.084(l)(b)(l), Fla.Stat. (1989).
. § 860.01, Fla.Stat. (1977).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Raley v. State, 675 So. 2d 170 (Fla. 5th DCA 1996)…decided by an appellate court. For example, a defendant is not permitted to re-litigate in a rule 3.800(a) proceeding a claim of error which was raised and rejected on direct appeal. Pula v. State, 652 So. 2d 981 (Fla. 5th DCA 1995); White v. State, 651 So. 2d 726 (Fla. 5th DCA 1995), approved, 666 So. 2d 895 (Fla.1996). Likewise, a defendant is not entitled to successive review of a specific issue decided against him in an earlier post-conviction proceeding, even if the question pertains to the legality of h…
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White v. State, 666 So. 2d 895 (Fla. 1996)…ANSTEAD, Justice. We have for review White v. State, 651 So. 2d 726 (Fla. 5th DCA 1995), which expressly and directly conflicts with the opinion in Watkins v. State, 622 So. 2d 1148 (Fla. 1st DCA 1993). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. For the reasons expressed below, we approve White and disappr…1 / 3
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Alphonsia Canty v. State, 715 So. 2d 1033 (Fla. 1st DCA 1998)…firming per curiam) (table). This issue thus is barred by the law of the case: A per curiam decision even without opinion establishes the law of the case on the same issue and facts which were raised, or which could have been raised. White v. State, 651 So. 2d 726, 726 (Fla. 5th DCA 1995) (holding same), approved on other grounds, 666 So. 2d 895 (Fla. 1996). Canty argues that his sentence is illegal under State v. Gray, 654 So. 2d 552 (Fla.1995) (holding that attempted felony murder is no longer a crime in…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sanders v. State, 621 So. 2d 723 (Fla. 5th DCA 1993)
- Kingsway Condo. Apts. NO. 1, Inc. v. Kingsway Builders, Inc., 443 So. 2d 398 (Fla. 4th DCA 1984)
- Canales v. State, 571 So. 2d 87 (Fla. 5th DCA 1990)
- State v. Stabile, 443 So. 2d 398 (Fla. 4th DCA 1984)
- Gaskins v. State, 502 So. 2d 1344 (Fla. 2d DCA 1987)