Stroble v. State, 96-3427
| Citation | 689 So.2d 1089 |
| Decision Date | 14 January 1997 |
| Docket Number | No. 96-3427,96-3427 |
| Parties | 22 Fla. L. Weekly D614 Leonard STROBLE, Appellant, v. STATE of Florida, Appellee. |
| Court | Court of Appeal of Florida (US) |
Leonard Stroble, Mayo, pro se.
No appearance for Appellee.
AFFIRMED.
ON MOTION FOR REHEARING
Leonard Stroble has asked for a rehearing on our previous Per Curiam Affirmance. He suggests that we ignored the fact that his original sentence was one not authorized by Poore v. State, 531 So.2d 161 (Fla.1988). We did not ignore this fact; we merely conclude that it makes no difference.
In 1990, Stroble was sentenced as an habitual offender but this sentence was suspended provided he successfully serve a term on community control. This sentence was not appealed. He was alleged to have violated his community control twice in 1991. The first violation was dismissed; on the second, he was sentenced to ten years imprisonment. We affirmed this sentence in Stroble v. State, 602 So.2d 541 (Fla. 5th DCA 1992).
In this Rule 3.800(a) motion, Stroble again attacks the legality of his original sentence. He made a similar attack in a previous Rule 3.800(a) motion which was denied by the trial court and not appealed. An issue previously reviewed on the merits and rejected is barred from reconsideration by the doctrine of the law of the case. Raley v. State, 675 So.2d 170 (Fla. 5th DCA 1996).
Another reason for affirming the trial court is that although the original sentence was not authorized by Poore, Stroble accepted the benefits of the sentence without objection and complained only after violating the terms of his "illegal" community control. We held in Warrington v. State, 660 So.2d 385 (Fla. 5th DCA 1995), that one who takes advantage of an invalid sentence until he violates community control is estopped to assert the invalidity of his original sentence.
With this explanation, Stroble's Motion for Rehearing is denied.
To continue reading
Request your trial
-
Gonzales v. State, 5D01-1121.
...arguments because he took advantage of his invalid sentence by waiting to challenge it until he violated probation. Stroble v. State, 689 So.2d 1089, 1090 (Fla. 5th DCA 1997); Huff v. State, 672 So.2d 634, 635 (Fla. 1st DCA 1996)(original sentence improper but not reversible because defenda......
-
Edwards v. State
...raise it again. See Medina v. State, 690 So.2d 1241 (Fla.1997); Henderson v. Singletary, 617 So.2d 313 (Fla.1993); Stroble v. State, 689 So.2d 1089 (Fla. 5th DCA 1997); Beauford v. State, 689 So.2d 320 (Fla. 5th DCA 1997); Raley v. State, 675 So.2d 170, 173-74 (Fla. 5th DCA As for the merit......
-
Dupree v. State
...invalid sentence until he violates community control is estopped to assert the invalidity of his original sentence." Stroble v. State, 689 So.2d 1089, 1090 (Fla. 5th DCA), review denied, 697 So.2d 512 (Fla.1997); see Huff v. State, 672 So.2d 634, 635 (Fla. 1st DCA 1996) ("[A]lthough his ori......
-
Toomajan v. State, 5D01-31.
...So.2d 392 (Fla. 5th DCA 1990) (defendant's complaint that his sentence was a downward departure is frivolous). See also Stroble v. State, 689 So.2d 1089 (Fla. 5th DCA),rev. denied, 697 So.2d 512 (Fla.1997) (defendant who accepted benefits of community control which was unauthorized is estop......