4D10-569-Black v. State

State: Florida

Court: Florida Southern District Court

Docket No: 4D10-569.op

Case Date: 01/26/2011

Plaintiff: 4D10-569-Black

Defendant: State

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
January Term 2011

LEE C. BLACK, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-569 [January 26, 2011] WARNER, J. We affirm the denial of appellant's motion to correct a n illegal sentence. Th e trial court correctly found that the appellant was procedurally barred from raising his claim. Appellant raised the identical issue in a prior rule 3.800 motion that was fully litigated and denied by the trial court. See State v. McBride, 848 So. 2d 287, 288-91 (Fla. 2003). A prior judgment o n the merits is final with regard to all matters addressed by the trial court in that order, even if the order was never appealed to the District Court of Appeal. Id. at 292. In any event, there was no error in appellant's habitual felony offender (HFO) sentences for armed robbery a n d armed burglary, as the sentencing court h a d the authority to sentence appellant to life imprisonment as an HFO for those offenses. Armed robbery and armed burglary are first-degree felonies punishable by life, not life felonies. See

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