ELIJAH EUGENE LEWIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is Elijah Eugene Lewis’s sixth motion to correct illegal sentence. We affirm because his thirty-year sentence as a habitual violent felony offender for his conviction of a first degree felony is authorized because “when imposing an HVFO sentence the trial [court] has discretion as to the length of sentence.” Lovett v. State, 773 So. 2d 574, 576 (Fla. 3d DCA 2000) (citations omitted). The defendant relies heavily on Donald v. State, 562 So. 2d 792 (Fla. 1st DCA 1990), but the Florida Supreme Court overruled that case on the issue of discretion in habitual offender sentencing in State v. Washington, 594 So. 2d 291 (Fla.1992). As in Duncan v. State, 728 So. 2d 1237 (Fla. 3d DCA 1999), the defendant is abusing the judicial process by filing successive motions that attempt to litigate issues that were, could, or should have been raised either on direct appeal or in his previous motions.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Simon v. State, 904 So. 2d 487 (Fla. 3d DCA 2005)…empt to litigate issues that were, could, or should have [*488] been raised on direct appeal or in previous motions. Duncan v. State, 728 So. 2d 1237, 1237 (Fla. 3d DCA 1999); see Johnson v. State, 899 So. 2d 1165 (Fla. 3d DCA 2005); Lewis v. State, 900 So. 2d 625 (Fla. 3d DCA 2005); Washington v. State, 867 So. 2d 649 (Fla. 5th DCA 2004); Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995). “[A]ny citizen, including a citizen attacking his or her conviction [or sentence], abuses the right to pro se access by…
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Hart v. State, 985 So. 2d 1154 (Fla. 3d DCA 2008)…PER CURIAM. Affirmed. See Lewis v. State, 900 So. 2d 625 (Fla. 3d DCA 2005).…
Authorities Cited
- Vermon T. Donald v. State, 562 So. 2d 792 (Fla. 1st DCA 1990)
- Duncan v. State, 728 So. 2d 1237 (Fla. 3d DCA 1999)
- Brunetti v. State, 594 So. 2d 291 (Fla. 1992)
- Lovett v. State, 773 So. 2d 574 (Fla. 3d DCA 2000)