PEOPLES v. STATE (2001)

District Court of Appeal of Florida,Third District.

William PEOPLES, Appellant, v. The STATE of Florida, Appellee.

No. 3D01-438.

Decided: August 22, 2001

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

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

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. 3d DCA 2001).

The order now under review is affirmed.

PER CURIAM.

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