JOSEPH B. TURNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.

Fla. 5th DCA | 2018-06-22
No. Case No. 5D18–428
250 So. 3d 746 Florida District Court of Appeal, Fifth District (2018)

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Synopsis

Turner appeals the denial of his successive motion to correct an illegal sentence, arguing that his HVFO sentence contains a ten-year minimum mandatory provision that was not orally pronounced at sentencing. The court affirms, holding that collateral estoppel bars relitigation of this issue previously decided against Turner, and that no manifest injustice exists because his longer PRR sentence is unaffected.


Holding

Collateral estoppel bars Turner from relitigating his claim regarding the unpronounced minimum mandatory provision because he already raised this identical issue in an earlier Rule 3.800(a) motion that was decided against him. No manifest injustice exists because the disputed HVFO provision has no effect on Turner's sentence length, as his longer PRR sentence controls.


Headnotes

[1] A defendant is barred by the doctrine of collateral estoppel from relitigating an issue raised in an earlier motion decided adversely to the defendant.

[2] The filing of successive motions to correct an illegal sentence is not prohibited.

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Key Quotes

“while the filing of successive rule 3.800(a) motions is not forbidden, see White v. State , 41 So.3d 257, 257 (Fla. 3d DCA 2010), a defendant is barred by the doctrine of collateral estoppel from relitigating the same issue raised in an earlier rule 3.800 motion decided adversely to the defendant.”

Establishes the core holding that collateral estoppel bars successive motions on identical claims

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Facts & Procedural History

Turner is serving a twenty-year sentence as a habitual violent felony offender (HVFO) for robbery, consecutive to another lengthy sentence in an unrel…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

COHEN, C.J., and WALLIS, J., concur.

LAMBERT, J., concurs specially, with opinion.

LAMBERT, J., concurs specially.

*747Joseph B. Turner is appealing the postconviction court's summary denial of his successive Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. He is presently serving a twenty-year prison sentence as a habitual violent felony offender ("HVFO") for robbery, consecutive to a lengthy prison sentence that he is serving in an unrelated case. Turner was also designated and sentenced to serve fifteen years in prison as a prison releasee reoffender ("PRR") for the robbery conviction. By statute, Turner is required to serve 100% of the PRR portion of his sentence. See § 775.082(9)(b), Fla. Stat. (2003).

In the present appeal, Turner argues, as he did below, that his written judgment and sentence is illegal because it also contains a ten-year minimum mandatory provision regarding his HVFO sentence that was not orally pronounced by the trial judge at sentencing. See Regino v. State , 921 So.2d 845, 845 (Fla. 2d DCA 2006) (reversing postconviction court's denial of defendant's rule 3.800(a) motion because the trial court did not orally pronounce a minimum mandatory term for the HVFO sentence).

Turner unsuccessfully raised this same claim in an earlier rule 3.800(a) motion to correct illegal sentence. We affirmed Turner's appeal of that denial order without opinion. See Turner v. State , 228 So.3d 581 (Fla. 5th DCA 2017). In denying Turner's present, successive rule 3.800(a) motion, the lower court correctly recognized that while the filing of successive rule 3.800(a) motions is not forbidden, see White v. State , 41 So.3d 257, 257 (Fla. 3d DCA 2010), a defendant is barred by the doctrine of collateral estoppel from relitigating the same issue raised in an earlier rule 3.800 motion decided adversely to the defendant. See State v. McBride , 848 So.2d 287, 290-91 (Fla. 2003). Accordingly, I agree with the court's denial of Turner's instant motion based upon collateral estoppel.

Turner separately argues that collateral estoppel should not act as a bar when doing so would cause a manifest injustice. However, even if Turner's sentence is illegal for the reason that he argues, "the mere existence of an illegal sentence is not equivalent to a manifest injustice." Dennard v. State , 157 So.3d 1055, 1056 (Fla. 4th DCA 2014). For example, in McBride , the court held that the application of collateral estoppel to bar the defendant's rule 3.800(a) claim of illegal sentence would not result in manifest injustice because although the defendant's habitual felony offender sentence on one count was illegal, he was serving concurrent prison terms of equal length on other counts. 848 So.2d at 292.

Here, there is no manifest injustice. Turner is serving fifteen years in prison, day-for-day, as a PRR. Whether his HVFO sentence does or does not include a ten-year minimum mandatory provision has no effect on Turner's longer PRR sentence or the amount of time Turner will serve in prison, nor has he alleged that it will.


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