Moses v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 MICHAEL HUGH MOSES, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-1344 [March 16, 2011] PER CURIAM. Appellant h a s repeated a claim of scoresheet error which was previously denied and affirmed on appeal. Appellant s claim that the scoring of victim injury points on his scoresheet violates Apprendi v. New Jersey, 530 U.S. 466 (2000), is without merit. Appellant waived the right to a jury finding regarding penetration by entering the negotiated plea to reduced charges a n d this specific sentence. Further, n o manifest injustice results, and the alleged Apprendi violation is harmless. See Galindez v. State, 955 So.2d 517 (Fla. 2007). Although the statutory maximum for each of the second-degree felonies was increased by a few months based on the scoresheet total, the same composite sentence could have b e e n imposed by structuring o n e of the sentences consecutively. We affirm. Appellant is cautioned that the filing of repetitive or frivolous postconviction challenges and/or appeals may result in sanctions or referral to prison officials for disciplinary proceedings. See State v. Spencer, 751 So.2d 47 (Fla. 1999); § 944.279(1), Fla. Stat. (2009); § 944.28(2)(a), Fla. Stat. (2009). GROSS, C.J., MAY and CIKLIN, JJ., concur. * * * Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey R. Levenson, Judge; L.T. Case No. 04-12823CF10A. Michael Hugh Moses, Zephyrhills, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing. -2-

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