HUMBERTO DE LA SOTA RIVERA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that collateral estoppel precluded the appellant from rearguing a claim previously litigated and denied, and the claim lacked merit.
Appellant filed a motion to correct an illegal sentence, which had been previously litigated and denied after an evidentiary hearing on a prior motion…
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We affirm the trial court’s denial of appellant’s rule 3.800(a) motion to correct illegal sentence. The issue appellant has raised was previously litigated and denied *1119after an evidentiary, hearing m a rule 3.850 motion. The doctrine of collateral estop-pel, therefore, precluded appellant from rearguing his claim in this rule 3.800(a) motion. See State v.. McBride, 848 So.2d 287, 290 (Fla.2003).
Further, the claim- lacks merit, and the “manifest injustice” exception recognized in McBride does not apply. Appellant had no legitimate expectation of finality in the orally 'pronounced general sentence1 on the two counts at issue. See Dunbar v. State, 89 So.3d 901, 905 (Fla.2012). He has not shown that his written sentences, which were corrected that same day, are illegal or that the'correction to structure the sentences -on the two counts consecutively violated Double Jeopardy principles.
Affirmed.
CIKLIN, C.J., STEVENSON and FORST, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Antoine L. McBRIDE, 848 So. 2d 287 (Fla. 2003)
- Dorfman v. State, 351 So. 2d 954 (Fla. 1977)
- Dunbar v. State, 89 So. 3d 901 (Fla. 2012)
- Holmes v. State, 100 So. 3d 281 (Fla. 3d DCA 2012)