PEOPLES V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 WILLIAM PEOPLES, ** Appellant, ** vs. ** THE STATE OF FLORIDA, CASE NO. 3D01-438 ** LOWER TRIBUNAL NO. 96-32569 ** Appellee. Opinion filed August 22, 2001. An appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Dade County, Lawrence A. Schwartz, Judge. Williams Peoples, in proper person. Robert A. Butterworth, Attorney General, for appellee. Before COPE and GERSTEN, JJ., and NESBITT, Senior Judge. PER CURIAM. The identical claim for a scoresheet correction and resentencing was made in an earlier motion for postconviction relief which was denied, and this court affirmed. Peoples v. State, 751 So. 2d 584 (Fla. 3d determination is res judicata. DCA 2000) (table). That As the trial court ruled in the earlier postconviction proceeding, a claim of scoresheet error is irrelevant to habitual offender sentencing. 775 So. 2d 1007 (Fla. 2001). The order now under review is affirmed. 2 Horn v. State,

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