WILLIAM A. COOK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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William Cook appeals the summary denial of his amended Rule 3.850 motion for post-conviction relief. The appellate court affirmed the trial court's denial of all four claims, finding the fourth claim untimely filed.
The court affirmed the trial court's summary denial of all four claims. The fourth claim was properly denied as untimely because it was filed more than two years after the judgment became final, in violation of Rule 3.850(b), and double jeopardy challenges must be raised on direct appeal or in a timely Rule 3.850 motion.
[1] A double jeopardy challenge must be raised on direct appeal or in a timely rule 3.850 motion for post-conviction relief.
[2] New claims for relief contained in an amendment to a rule 3.850 motion need not be considered by the court unless the amendment is filed within the time frame specified f…
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Join FLexlaw to unlock all legal intelligence“a double jeopardy challenge is not an issue that can be raised at any time; it must be raised on direct appeal or in a timely rule 3.850 motion for post-conviction relief”
Establishes the rule that double jeopardy claims are time-barred if not raised timely
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Join FLexlaw to unlock all legal intelligenceCook pleaded guilty in 2010 to two counts of conspiracy to commit first degree murder, two counts of solicitation to commit first degree murder, and d…
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Appellant William Cook appeals the summary denial of his amended rule 3.850 motion for post-conviction relief. We affirm the denial of Cook’s first three' claims without comment. We also agree with the trial court that Cook’s fourth claim was untimely filed.
Cook pled guilty in 2010 to two counts of conspiracy to commit first degree murder, two counts of solicitation to commit first degree murder, possession of alprazolam, and sale or delivery of alprazolam. He was sentenced to sixty years in prison. We affirmed the judgment and sentence on direct appeal and issued a mandate on July 20, 2012. Cook v. State, 91 So.3d 148 (Fla. 4th DCA 2012) (table).
Cook timely filed an amended rule 3.850 motion in June 2014 alleging three grounds for relief. In February 2015, he filed a supplemental motion alleging a fourth ground for relief. The trial court summarily denied the motion, finding in part that Cook’s fourth claim was untimely filed. We agree.
In his supplemental fourth claim, Cook argues that his plea to two counts of conspiracy arising from a single agreement violates double jeopardy. See Durden v. State, 901 So.2d 967 (Fla. 2d DCA 2005). However, a double jeopardy challenge is not an issue that can be raised at any time; it must be raised on direct appeal or in a timely rule 3.850 motion for post-conviction relief. See Jacobs v. State, 162 So.3d 29, 31 (Fla. 4th DCA 2014).
Cook’s judgment and sentence became final on July 20, 2012 when the mandate issued following direct appeal. See Huff v. State, 569 So.2d 1247, 1250 (Fla.1990). His supplemental fourth claim was untimely-filed more than two years later, in February 2015. See Fla. R,Crim. P. 3.850(b). Rule 3.850 provides that “[n]ew claims for relief contained in an- amendment need not be considered by the court unless the amendment is filed within the time frame specified in subdivision (b).” Fla. R.Crim. P. 3.850(e); see also Jackman v. State, 174 So.3d 1070 (Fla. 4th DCA 2015); Rincon v. State, 996 So.2d 922 (Fla. 4th DCA 2008). The trial court properly denied Cook’s fourth claim as untimely filed.
Affirmed.
TAYLOR, FORST and KLINGENSMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Huff v. State, 569 So. 2d 1247 (Fla. 1990)
- Durden v. State, 901 So. 2d 967 (Fla. 2d DCA 2005)
- Rincon v. State, 996 So. 2d 922 (Fla. 4th DCA 2008)
- Jacobs v. State, 162 So. 3d 29 (Fla. 4th DCA 2014)
- T.J. v. State, 174 So. 3d 1070 (Fla. 4th DCA 2015)
- Jackman v. State, 174 So. 3d 1070 (Fla. 4th DCA 2015)