Peoples v. State

Full title: WILLIAM PEOPLES, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Aug 22, 2001

791 So. 2d 1253 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 3D01-438

Opinion filed August 22, 2001.

An appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Lawrence A. Schwartz, Judge. Lower Tribunal No. 96-32569.

Williams Peoples, in proper person. Robert A. Butterworth, Attorney General, for appellee.

Before COPE and GERSTEN, JJ., and NESBITT, Senior Judge.

PER CURIAM.

The identical claim for a scoresheet correction and resentencing was made in an earlier motion for postconviction relief which was denied, and this court affirmed. Peoples v. State, 751 So.2d 584 (Fla. 3d DCA 2000) (table). That determination is res judicata. As the trial court ruled in the earlier postconviction proceeding, a claim of scoresheet error is irrelevant to habitual offender sentencing. Horn v. State, 775 So.2d 1007 (Fla. 2001).

The order now under review is affirmed.