JAMES L. DELOACH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JAMES L. DELOACH, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
831 So. 2d 691
Florida District Court of Appeal, Third District (2002)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Novaton v. State, 634 So. 2d 607 (Fla.1994); Hubbard v. State, 662 So. 2d 746 (Fla. 1st DCA 1995) (holding that a negotiated sentence precludes appeal or collateral challenge of conviction and sentence on double jeopardy grounds apart from an allegation of ineffective assistance of counsel); see also Hurlburt v. State, 807 So. 2d 687 (Fla. 2d DCA 2002) (holding that habitual offender sentences are not affected by the unconstitutionality of the 1995 sentencing guidelines); Hepburn v. State, 778 So. 2d 448 (Fla. 3d DCA 2001).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Pearson v. State, 867 So. 2d 517 (Fla. 1st DCA 2004)…d sentences waives any double jeopardy objections. However, a negotiated plea does not preclude an ineffective assistance of counsel claim based on counsel’s failure to challenge the charged offenses on double jeopardy grounds. See Deloach v. State, 831 So. 2d 691 (Fla. 3d DCA 2002); Weitz v. State, 795 So. 2d 1021 (Fla. 2d DCA 2001); Hubbard v. State, 662 So. 2d 746 (Fla. 1st DCA 1995). Nevertheless, the appellant’s claim is conclusively refuted by the record. The appellant was charged with two first-degree…
Authorities Cited
- Novaton v. State, 634 So. 2d 607 (Fla. 1994)
- Hubbard v. State, 662 So. 2d 746 (Fla. 1st DCA 1995)
- Hepburn v. State, 778 So. 2d 448 (Fla. 3d DCA 2001)
- Hurlburt v. State, 807 So. 2d 687 (Fla. 2d DCA 2002)