MARCO PACE
v.
THE STATE OF FLORIDA
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Collateral estoppel, or issue preclusion, applies to motions filed under Florida Rule of Criminal Procedure 3.800, preventing relitigation of issues already decided in prior proceedings.
[1] Collateral estoppel, or issue preclusion, applies to motions filed under Florida Rule of Criminal Procedure 3.800 to correct an illegal sentence, preventing a defendant f…
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Join FLexlaw to unlock all legal intelligence“Although res judicata may not apply to motions filed under rule 3.800, the similar, but more narrow, doctrine of collateral estoppel, or issue preclusion, does apply.”
From State v. McBride, cited for the proposition that collateral estoppel applies to Rule 3.800 motions
Marco Pace appealed from decisions in two criminal cases (F98-36722 and F99-4398) in Miami-Dade County Circuit Court, raising claims in a motion under…
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PER CURIAM.
Affirmed. See State v. McBride, 848 So. 2d 287, 290 (Fla. 2003) (“Although res judicata may not apply to motions filed under rule 3.800, the similar, but more narrow, doctrine of collateral estoppel, or issue preclusion, does apply.”); Ali v. State, 911 So. 2d 164, 166 (Fla. 3d DCA 2005) (“[T]he trial court correctly denied the defendant’s claim regarding lack of notice as this claim may not be raised in a motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800 . . . .”).
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Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Antoine L. McBRIDE, 848 So. 2d 287 (Fla. 2003)
- Rappsodi Rhahavi ALI v. State, 911 So. 2d 164 (Fla. 3d DCA 2005)