Florida District Courts of Appeal, 2004

Knight v. State

Florida District Courts of Appeal · Decided September 1, 2004 · Gross, Polen, Warner

882 So. 2d 1081; 2004 Fla. App. LEXIS 13044; 2004 WL 1933551 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Phoenix v. State (Fla. Dist. Ct. App. 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Affirmed. The trial court found that appellant’s motion to correct an illegal sentence was successive. We agree that the first ground for relief was successive. The second ground, in which appellant alleges that he could not be sentenced as a habitual felony offender for the delivery of cocaine, was not successive to his prior claims. Nevertheless, the motion was properly denied because that claim was *1082without merit. See, e.g., Adams v. State, 724 So.2d 137 (Fla. 4th DCA 1998); Paul v. State, 830 So.2d 953 (Fla. 5th DCA 2002); Marrero v. State, 741 So.2d 634 (Fla. 3d DCA 1999); Williams v. State, 667 So.2d 914 (Fla. 3d DCA 1996).

WARNER, POLEN and GROSS, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.