JESSIE MCGEE
v.
THE STATE OF FLORIDA
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Although a motion to correct an illegal sentence under rule 3.800(a) is not successive and may be raised at any time, collateral estoppel and law of the case doctrine bar relitigation of an issue that was squarely adjudicated in a previously affirmed court order.
[1] A motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a) may be raised at any time except during the period provided for filing a r…
[2] The adjudication of a defendant as a habitual offender when the requisite sequential felonies do not exist may be corrected as an illegal sentence pursuant to rule 3.800(…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“While successive 3.800(a) motions are permitted even though the claims are those which could have been raised in previously filed 3.800(a) motions, and there is no time limit for seeking such relief, the law of the case doctrine prevents a litigant from relitigating the same issues previously considered and rejected on the merits and reviewed on appeal.”
Court explaining the interaction between the permissibility of successive 3.800(a) motions and the law of the case doctrine
McGee was convicted of possession of a firearm by a convicted felon and sentenced to thirty years with a ten-year mandatory minimum as a habitual viol…
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Third District Court of Appeal
State of Florida
Opinion filed August 25, 2021. Not final until disposition of timely filed motion for rehearing.
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No. 3D21-1213 Lower Tribunal No. F98-18923
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Jessie McGee,
Appellant,
vs.
The State of Florida,
Appellee.
An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Ramiro C. Areces, Judge. Jessie McGee, in proper person. Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee. Before HENDON, MILLER, and BOKOR, JJ. MILLER, J. Appellant, Jessie McGee, was convicted of one count of possession of a firearm by a convicted felon, in violation of section 790.23(1), Florida Statutes, and sentenced to thirty years in prison with a ten-year minimum mandatory as a habitual violent felony offender.1 He subsequently filed a motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). In his motion, he contended he had not previously been convicted of the requisite predicate offense to sustain his designation as a habitual violent felony offender. See § 775.084, Fla. Stat. Applying Florida Rule of Criminal Procedure 3.850, the trial court summarily denied the motion as successive. The instant appeal ensued. On appeal, the State concedes the trial court erred in treating the facially sufficient motion as successive under rule 3.850.2 State, 797 So. 2d 1246, 1251 (Fla. 2001) (“[T]he adjudication of a defendant as a habitual offender when the requisite sequential felonies do not exist may be corrected as an illegal sentence pursuant to rule 3.800(a) so long as the error is apparent from the face of the record.”). Nonetheless, invoking the doctrines of collateral estoppel and law of the case, it urges a “tipsy
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Jonnie Ravon v. State (Fla. 3d DCA 2025)
Authorities Cited
- Bover v. State, 797 So. 2d 1246 (Fla. 2001)