EMILE MCFORD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2007-01-10
No. 3D06-1181
Before RAMIREZ, SUAREZ, and LAGOA, JJ.
948 So. 2d 60 Florida District Court of Appeal, Third District (2007)

Opinion of the Court
PER CURIAM.

PER CURIAM.

Emile McFord appeals the trial court’s summary denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. McFord’s double-jeopardy claim is legally insufficient and conclusively refuted by the record before us. See Fla. R.Crim. P. 3.850; Fla. R.App. P. 9.141(b)(2)(D), Walls v. State, 926 So. 2d 1156 (Fla.2006). In addition, McFord has already challenged his plea agreement violation and sentence on appeal and failed to raise the alleged double-jeopardy issue. See McFord v. State, 877 So. 2d 874 (Fla. 3d DCA 2004). Accordingly, we affirm the trial court’s order denying McFord’s motion for post-conviction relief.

Affirmed.


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