ROBIN GILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBIN GILL, APPELLANT,
STATE OF FLORIDA, APPELLEE
815 So. 2d 714
Florida District Court of Appeal, Fourth District (2002)
Opinion of the Court
PER CURIAM.
We affirm the trial court’s denial of appellant’s 3.850 post-conviction relief motion asserting a claim pursuant Heggs v. State, 759 So. 2d 620 (Fla.2000). This affirmance is without prejudice to appellant to present the double jeopardy claim, raised for the first time on direct appeal, to the trial court for resolution. See Colon v. State, 738 So. 2d 1023 (Fla. 4th DCA 1999) (conviction for one count of misdemeanor DUI reversed because a charge of misdemeanor DUI “is a lesser included offense of DUI with an accident,” which would allow a defendant to be sentenced twice for the same offense).
POLEN, C.J., STONE and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Darrin McGILLIS v. Dep't of Child. & Fam. Servs., 738 So. 2d 1023 (Fla. 3d DCA 1999)