Humberto De La Sota Rivera v. State of Florida
Humberto De La Sota Rivera v. State of Florida
Opinion
We affirm the trial court’s denial of appellant’s rule 3.800(a) motion to correct illegal sentence. The issue appellant has raised was previously litigated and denied *1119 after an evidentiary, hearing m a rule 3.850 motion. The doctrine of collateral estop-pel, therefore, precluded appellant from rearguing his claim in this rule 3.800(a) motion. See State v.. McBride, 848 So.2d 287, 290 (Fla. 2003).
Further, the claim- lacks merit, and the “manifest injustice” exception recognized in McBride does not apply. Appellant had no legitimate expectation of finality in the orally 'pronounced general sentence 1 on the two counts at issue. See Dunbar v. State, 89 So.3d 901, 905 (Fla. 2012). He has not shown that his written sentences, which were corrected that same day, are illegal or that the'correction to structure the sentences -on the two counts consecutively violated Double Jeopardy principles.
Affirmed.
. Appellant is correct that the "genera! sentence” initially pronounced by the court was improper. Dorfman v. State, 351 So.2d 954, 957 (Fla. 1977); Holmes v. State, 100 So.3d 281, 283 (Fla. 3d DCA 2012).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.