DocketNumber: No. 3D02-945
Citation Numbers: 822 So. 2d 561, 2002 Fla. App. LEXIS 10832, 2002 WL 1758202
Judges: Cope, Green, Ramirez
Filed Date: 7/31/2002
Status: Precedential
Modified Date: 10/18/2024
Lucious Kelvin Thomas appeals an order denying his motion to correct illegal sentence which he filed in March 2000. We affirm. .
Defendant-appellant Thomas claims that there is a scoring error, see Fla. R.Crim. P. 3.800(a), with regard to the offense of second degree murder with a firearm. Second degrée murder with a firearm is a life felony. See §§ 782.04(2),- 775.087(1), Fla. Stat. (1989); Simmons v. State, 758
Defendant’s attack on his plea entered in six cases in 1986 was the subject of a previous request for postconviction relief. Relief from the 1986 pleas was denied, and this court affirmed. Thomas v. State, 668 So.2d 621 (Fla. 3d DCA 1996). Defendant’s reiteration of that claim in his current motion is procedurally barred.
Affirmed.