Third District Court of Appeal
State of Florida
Opinion filed July 27, 2022.
Not final until disposition of timely filed motion for rehearing.
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No. 3D22-0925
Lower Tribunal No. F01-34236
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Daniel DeLeon,
Appellant,
vs.
The State of Florida,
Appellee.
An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from
the Circuit Court for Miami-Dade County, Joseph Perkins, Judge.
Daniel DeLeon, in proper person.
Ashley Moody, Attorney General, and Sandra Lipman, Assistant
Attorney General, for appellee.
Before SCALES, MILLER, and GORDO, JJ.
PER CURIAM.
Affirmed. See DeLeon v. State, 3D21-2342,
2022 WL 946199 (Fla. 3d
DCA Mar. 30, 2022) (affirming trial court’s denial of appellant’s motion for
rehearing on sentencing issue); DeLeon v. State, 3D21-0905,
2021 WL
2425437 (Fla. 3d DCA May 6, 2021) (denying appellant’s petition for writ of
mandamus on same); Swain v. State,
911 So. 2d 140, 143–44 (Fla. 3d DCA
2005) (“While successive 3.800(a) motions are permitted even though the
claims are those which could have been raised in previously filed 3.800(a)
motions, . . . the law of the case doctrine prevents a litigant from relitigating
the same issues previously considered and rejected on the merits and
reviewed on appeal.”); see also § 775.082(3)(b), Fla. Stat. (2005) (emphasis
added) (authorizing punishment for first degree felony “by a term of
imprisonment not exceeding 30 years or, when specifically provided by
statute, by imprisonment for a term of years not exceeding life
imprisonment”); § 782.04(2), Fla. Stat. (2005) (emphasis added) (stating
second degree murder “constitutes a felony of the first degree, punishable
by imprisonment for a term of years not exceeding life”); Bryant v. State,
1
So. 3d 267, 268 (Fla. 3d DCA 2009) (finding second degree murder is a first
degree felony punishable by a term of years not exceeding life).
2
