Shanks v. State

Full title: JOSEPH SHANKS, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Dec 15, 1999

No. 99-2685 (Fla. Dist. Ct. App. Dec. 15, 1999)

Opinion

No. 99-2685.

Opinion filed December 15, 1999.

An appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County, Richard V. Margolius, Judge; L.T. No. 90-2458.

Joseph Shanks, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before JORGENSON, COPE and FLETCHER, JJ.

PER CURIAM.

Joseph Shanks contends that the offense of second degree murder with a firearm should be classified as a first degree felony punishable by life imprisonment, not a life felony. The trial court rejected appellant's claim, and we affirm. First, we have taken judicial notice of this court's file in Shanks v. State, number 96-282. This exact claim was made by the appellant in an earlier postconviction motion. The trial court rejected that claim and this court affirmed. See Shanks v. State, 676 So.2d 427 (Fla. 3d DCA 1996). This claim is thus barred by the doctrine of res judicata.

Second, even if that were not so, contrary to appellant's position, the offense of second degree murder is subject to enhancement when committed by the use of a firearm. See La Fosse v. State, 691 So.2d 1156 (Fla. 3d DCA 1997). The judgment reflects that the second degree murder conviction was enhanced pursuant to section 775.087, Florida Statutes. The offense at conviction was correctly classified as a life felony.

Affirmed.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.