RONNIE FRALEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Fraley appealed the denial of his motion to correct an illegal sentence for two consecutive life terms with 25-year mandatory minimums for attempted murder of law enforcement officers. The court affirmed the denial of his challenge to the sufficiency of evidence regarding the officers' duty status, but reversed because the enhanced sentence violated Traylor v. State, which prohibits firearm enhancements when the firearm use is an essential element of the underlying felony.
The court held that Fraley's previous appeal of the sufficiency of evidence issue was already decided against him and cannot be relitigated. However, the enhanced sentence is illegal under Traylor v. State because it cannot be determined from the verdict whether the conviction was for attempted felony murder or attempted premeditated murder, and the firearm was an essential element of the underlying felony.
[1] A defendant is not entitled to relitigate a claim that has been previously reviewed and affirmed by an appellate court.
[2] A defendant is not entitled to successive review of a specific issue already decided against him.
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Join FLexlaw to unlock all legal intelligence“Since this issue has previously been reviewed, the defendant is not entitled to relitigate this claim.”
Establishes the court's application of res judicata to bar Fraley from relitigating the sufficiency of evidence issue already decided against him in a prior appeal.
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Join FLexlaw to unlock all legal intelligenceFraley was convicted of two counts of attempted murder of law enforcement officers and sentenced to two consecutive life sentences with 25-year mandat…
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PER CURIAM.
Defendant is appealing the denial of his “Motion to Correct Illegal Sentence” in the trial court below. He claims that his sentence of two consecutive life terms, with twenty-five year mandatory mínimums, for two counts of attempted murder of a law enforcement officer are illegal because the state failed to prove the essential elements of its case (i.e. that the police officers were engaged in the discharge of their duty, or that the crime was motivated by the victims’ status as law enforcement officers).
He also contends that the jury was not instructed on, and therefore made no findings of, the same. This claim was previously appealed to, and affirmed by, this court. See Fraley v. State, 795 So. 2d 212 (Fla. 3d DCA 2001).
Since this issue has previously been reviewed, the defendant is not entitled to relitigate this claim. See Raley v. State, 675 So. 2d 170 (Fla. 5th DCA 1996) (defendant not entitled to successive review of specific issue already decided against him).
Defendant next contends, and the State correctly agrees, that pursuant to Traylor v. State, 785 So. 2d 1179 (Fla.2000), his enhanced sentence for attempted first degree murder is illegal. In that case, the court held that enhancing a sentence for use of a firearm is illegal where the use of that firearm in an essential element of the underlying felony. Id. at 1181. Here, it cannot be determined from the verdict whether the defendant was convicted for attempted felony murder or attempted premeditated murder, and the underlying felony which supports the attempted felony murder conviction involved a firearm. Thus, the enhanced sentence is illegal and the trial court erred in denying relief on this claim.
Affirmed in part, reversed in part.
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Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Raley v. State, 675 So. 2d 170 (Fla. 5th DCA 1996)
- Traylor v. State, 785 So. 2d 1179 (Fla. 2000)
- Fraley v. State, 795 So. 2d 212 (Fla. 3d DCA 2001)