Third District Court of Appeal
State of Florida
Opinion filed January 18, 2023.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-2438
Lower Tribunal No. F98-17219C
________________
George St. Florant,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Ellen Sue
Venzer, Judge.
Law Offices of Michelle Walsh, P.A., and Michelle R. Walsh, for
appellant.
Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant
Attorney General, for appellee.
Before EMAS, LOGUE, and LINDSEY, JJ.
PER CURIAM.
Affirmed. See Denson v. State,
775 So. 2d 288 (Fla. 2000) (applying
res judicata to deny a petition for writ of habeas corpus where defendant
raised the same claim in a prior postconviction motion decided against him
on the merits and defendant had exhausted all appropriate appellate review);
see also State v. McBride,
848 So. 2d 287 (Fla. 2003) (recognizing a
“manifest injustice” exception to a claim otherwise barred by application of
res judicata or collateral estoppel but holding that application of such a bar
to defendant’s successive motion did not result in a manifest injustice); State
v. Weaver,
957 So. 2d 586, 589 (Fla. 2007) (reaffirming that for an erroneous
jury instruction to rise to the level of fundamental error, it must “reach down
into the validity of the trial itself to the extent that a verdict of guilty could not
have been obtained without the assistance of the alleged error” and holding
that trial court’s error in instructing jury on an alternative element not
contained in the charging document did not rise to the level of fundamental
error where the State did not present evidence or rely on that alternative
element at trial (quoting State v. Delva,
575 So. 2d 643, 644–45 (Fla. 1991))).
2
