RONALD CUNNINGHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RONALD CUNNINGHAM, APPELLANT,
STATE OF FLORIDA, APPELLEE
735 So. 2d 504
Florida District Court of Appeal, First District (1999)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Ronald Cunningham (Cunningham) seeks review of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial judge correctly determined that Cunningham’s double jeopardy claim was without merit and we affirm on this issue.
We also treat the instant motion as a petition for a belated appeal pursuant to Florida Rule of Appellate Procedure 9.140(j). However, finding that it is not facially sufficient, we deny Cunningham’s petition for a belated appeal.
WOLF, WEBSTER and LAWRENCE, jj.; CONCUR.
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Flores v. State, 747 So. 2d 485 (Fla. 1st DCA 2000)…court m.ay attach to its order denying post-conviction relief portions of the record demonstrating that appellant was sentenced pursuant to a plea agreement and hence is not entitled to relief on the grounds stated in his motion. See Floyd v. State, 735 So. 2d 504 (Fla. 1st DCA 1999). The cause is therefore REVERSED and REMANDED. LAWRENCE, DAVIS AND VAN NORTWICK, JJ., CONCUR. . Toler v. State, 493 So. 2d 489 (Fla. 1st DCA 1986).…