TIMOTHY J. MCCANN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the judgments and sentences for sexual battery, burglary, grand theft, and robbery.
Timothy J. McCann appealed his convictions and sentences for multiple felonies, including sexual battery with a deadly weapon, burglary, grand theft, …
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PER CURIAM.
Timothy J. McCann appeals his judgments and sentences for sexual battery with a deadly weapon, burglary, grand theft, and robbery with a deadly weapon. We affirm the judgments and sentences without discussion.
As the result of a negotiated plea, Mr. McCann received a 5-year sentence of imprisonment for grand theft concurrent with concurrent sentences of 34.9 years of imprisonment for the sexual battery with a deadly weapon, burglary, and armed robbery.
Although it is unlikely to affect his longer, upward departure sentences, Mr. McCann may have a valid double jeopardy claim concerning his convictions for grand theft, a third-degree felony, and armed robbery, a life felony. See Sirmons v. State, 634 So. 2d 153 (Fla.1994). We cannot resolve this issue based upon the record in this appeal. Accordingly, we affirm without prejudice to Mr. McCann filing a timely motion for posteonvietion relief pursuant to Florida Rule of Criminal Procedure 3.850 alleging the existence of a double jeopardy issue.
Affirmed.
THREADGILL, AC.J., ALTENBERND, J., and DANAHY, PAUL W., Jr., Senior Judge, concur.
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Citator
Cited By
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McCANN v. State, 854 So. 2d 788 (Fla. 2d DCA 2003)…hed table decision). In case number 95-680, McCann pleaded no contest to burglary, sexual battery with a deadly weapon, grand theft, and robbery with a deadly weapon. He appealed his judgments and sentences, and they were affirmed. McCann v. State, 720 So. 2d 275 (Fla. 2d DCA 1998). In each case, McCann timely filed pro se motions for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, raising numerous claims. The trial court summarily denied some of the claims and granted an evident…
Authorities Cited
- Sirmons v. State, 634 So. 2d 153 (Fla. 1994)