Carr v. State

Docket: 5D03-127

Court: District Court of Appeal of Florida; March 6, 2003; Florida; State Appellate Court

EnglishEspañolSimplified EnglishEspañol Fácil
Christopher Carr appeals the denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). His conviction and sentence were previously affirmed, and he has filed two prior motions for post-conviction relief, both of which were denied. In this appeal, Carr contends that the trial court incorrectly scored his juvenile and arrest records that did not result in convictions. However, the court ruled that his motion was successive, referencing the precedent set in McBride v. State, which discourages repetitive motions for collateral relief that have already been adjudicated. The court emphasized the judicial inefficiency of such filings and warned Carr that further improper collateral attacks could lead to sanctions, including a requirement for legal endorsement on future filings. The court affirmed the trial court's denial of Carr's motion. Judges Thompson and Griffin concurred.