TONY L. GARY, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (15 total)

• McKNIGHT v. State, 906 So. 2d 368 (Fla. 5th DCA 2005)
  …ndant enters into a negotiated plea agreement with the state for a specific sentence, a violation of double jeopardy is fundamental error that may be raised for the first time on appeal. Novaton v. State, 634 So. 2d 607 (Fla.1994); Safrany v. State, 895 So. 2d 1145 (Fla. 2d DCA 2005); Hunsicker v. State, 881 So. 2d 1166 (Fla. 5th DCA 2004), review denied, 894 So. 2d 970 (Fla.2005). There is no such waiver here and, therefore, we will proceed to resolve the double jeopardy issue. “Three basic protections emana…
• Hicks v. State, 41 So. 3d 327 (Fla. 2d DCA 2010)
  …ate, 875 So. 2d 642, 644-16 (Fla. 2d DCA 2004); Burford v. State, 8 So. 3d 478, 480 (Fla. 4th DCA 2009). Hicks did not raise this issue below, but it amounts to fundamental error that may be raised for the first time on appeal. See Safrany v. State, 895 So. 2d 1145, 1147 (Fla. 2d DCA 2005). Accordingly, one of Hicks’s convictions must be vacated. In his second point on appeal, Hicks contends that his trial counsel was ineffective on the face of the record for failing to move for a judgment of acquittal on the…
• Tomika Henry v. State, 920 So. 2d 1204 (Fla. 4th DCA 2006)
  …agree with the trial court’s conclusion that this claim cannot be raised in a 3.800(a) motion because the claim attacks the convictions, not the sentences, and because the claim cannot be determined from the face of the record. See Safrany v. State, 895 So. 2d 1145 (Fla. 2d DCA 2005); Smith v. State, 886 So. 2d 336 (Fla. 5th DCA 2004). We note that the situation would be different if the double jeopardy challenge was directed at the sentences and if the claim could be determined from the face of the record.…