LEONARDO T. MORALES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the trial court did not err in denying the petition for writ of habeas corpus.
Defendant, Leonardo T. Morales, petitioned for a writ of habeas corpus, raising several arguments regarding his sentencing and convictions.…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
We affirm the trial court’s denial of defendant Leonardo T. Morales’ petition for writ of habeas corpus.
Morales first argues that, upon resentencing, the inclusion of case no. 85-3514 as a prior record rather than as an additional offense in the guideline scoresheet was error. This issue, however, has already been decided by Morales v. State, 613 So. 2d 922, 923 n. 1 (Fla. 3d DCA 1993). See also Rodriguez v. State, 589 So. 2d 439 (Fla. 3d DCA 1991); Thorp v. State, 537 So. 2d 205 (Fla. 4th DCA 1989).
Morales next argues that his life sentence should be reduced to a thirty year maximum sentence. However, burglary with an assault is a first degree felony which can be punishable by life imprisonment. See Fla. Stat. § 810.02(2)(a)(2002); Burdick v. State, 594 So. 2d 267, 268 n. 5 (Fla.1992) (use of the term “punishable by term of years not exceeding life imprisonment,” is synonymous with “punishable by life imprisonment”).
Morales’ argument that his sexual battery conviction should be set aside also lacks merit. See State v. Foreman, 476 So. 2d 662 (Fla.1985).
Affirmed..
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Cone v. State, 903 So. 2d 303 (Fla. 3d DCA 2005)…PER CURIAM. Affirmed. Burdick v. State, 594 So. 2d 267 (Fla.1992); Morales v. State, 842 So. 2d 909 (Fla. 3d DCA 2003), review denied, 851 So. 2d 729 (Fla.2003).…
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Morales v. State, 172 So. 3d 469 (Fla. 3d DCA 2015)…, 654 So. 2d 929 (Fla. 3d DCA 1995) (Table); Morales v. State, 661 So. 2d 836 (Fla. 3d DCA 1995) (Table); Morales v. State, 681 So. 2d 288 (Fla. 3d DCA 1996) (Table); Morales v. Singletary, 741 So. 2d 1274 (Fla. 3d DCA 1999) (Mem); Morales v. State, 842 So. 2d 909 (Fla. 3d DCA 2003) (Mem); Mor [*470] ales v. State, 927 So. 2d 1021 (Fla. 3d DCA 2006) (Mem); Morales v. State, 947 So. 2d 1177 (Fla. 3d DCA 2006) (Table). We also note the multiple filings Morales has made in the Florida Supreme Court and in the fe…
Authorities Cited
- Burdick v. State, 594 So. 2d 267 (Fla. 1992)
- Morales v. State, 613 So. 2d 922 (Fla. 3d DCA 1993)
- State v. Foreman, 476 So. 2d 662 (Fla. 1985)
- Aqua Rabella, Inc. v. HYE, 537 So. 2d 205 (Fla. 4th DCA 1989)
- Thorp v. State, 537 So. 2d 205 (Fla. 4th DCA 1989)
- Rodriguez v. State, 589 So. 2d 439 (Fla. 3d DCA 1991)