Opinion

Suggs v. State

  • 681 So. 2d 870
  • 1996 WL 596198
Court
District Court of Appeal of Florida
Filed
Oct 18, 1996
Status
Published
On the bench
Per Curiam
Cited by
4 cases
Authority
More cited than 81.4%

The opinion

681 So.2d 870 (1996)

Joseph SUGGS, Appellant,

v.

STATE of Florida, Appellee.

No. 96-80.

District Court of Appeal of Florida, Fifth District.

October 18, 1996.

Joseph Edward Suggs, Lowell, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We deny Suggs' petition for writ of habeas corpus. In his petition, he urges that the trial court erred in resentencing him in his absence. Suggs is entitled to no relief.

In the first place, Suggs raised this identical issue in an appeal from a denial of a motion filed pursuant to Florida Rule of Criminal Procedure 3.800. Suggs v. State, 650 So.2d 1007 (Fla. 5th DCA 1995). Successive claims are procedurally barred where issues either were or should have been raised in earlier appeals. See Atkins v. Singletary, 622 So.2d 951 (Fla.1993); Isley v. State, 652 So.2d 409 (Fla. 5th DCA 1995).

Further, a defendant need not be present for resentencing where habitual offender sentences are reversed, pursuant to Hale v. State, 630 So.2d 521 (Fla.1993), cert. denied, ___ U.S. ___, 115 S.Ct. 278 , 130 L.Ed.2d 195 (1994). See Golz v. State, 674 So.2d 856 (Fla. 2d DCA 1996); Rolle v. State, 668 So.2d 1080 (Fla. 2d DCA 1996); Brown v. State, 647 So.2d 333 (Fla. 3d DCA 1994); Brown v. State, 630 So.2d 596 (Fla. 2d DCA 1993).

AFFIRMED.

COBB, W. SHARP and GOSHORN, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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