Augustin Fleurimond v. The State of Florida

Opinion

Third District Court of Appeal State of Florida

Opinion filed June 5, 2024. Not final until disposition of timely filed motion for rehearing.

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No. 3D23-2181 Lower Tribunal No. F06-34231B ________________

Augustin Fleurimond, Appellant,

vs.

The State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Tanya Brinkley, Judge.

Clayton R. Kaeiser, P.A., and Clayton R. Kaeiser, for appellant.

Ashley Moody, Attorney General and Richard L. Polin, Chief Assistant Attorney General, for appellee.

Before SCALES, GORDO and BOKOR, JJ.

PER CURIAM. Affirmed. See Miller v. State, 435 So. 2d 258, 262 (Fla. 3d DCA 1983);

Desue v. State, 917 So. 2d 223 (Fla. 1st DCA 2005); see also Coughlin v.

State, 932 So. 2d 1224, 1226 (Fla. 2d DCA 2006) (“[A] traditional double

jeopardy challenge attacks both the conviction and, by default, the sentence,

while rule 3.800(a) is limited to claims that a sentence itself is illegal, without

regard to the underlying conviction.”).