Gill v. State

District Court of Appeal of Florida

Gill v. State

815 So. 2d 714, 2002 Fla. App. LEXIS 5214, 2002 WL 662928

CourtDistrict Court of Appeal of Florida

DecidedApril 24, 2002

DocketNo. 4D01-4638

StatusPublished

This text of 815 So. 2d 714 (Gill v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gill v. State, 815 So. 2d 714, 2002 Fla. App. LEXIS 5214, 2002 WL 662928 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

We affirm the trial court’s denial of appellant’s 3.850 post-conviction relief motion asserting a claim pursuant Heggs v. State, 759 So.2d 620 (Fla.2000). This affirmance is without prejudice to appellant to present the double jeopardy claim, raised for the first time on direct appeal, to the trial court for resolution. See Colon v. State, 738 So.2d 1023 (Fla. 4th DCA 1999) (conviction for one count of misdemeanor DUI reversed because a charge of misdemeanor DUI “is a lesser included offense of DUI with an accident,” which would allow a defendant to be sentenced twice for the same offense).

POLEN, C.J., STONE and KLEIN, JJ., concur.

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PER CURIAM.

We affirm the trial court’s denial of appellant’s 3.850 post-conviction relief motion asserting a claim pursuant Heggs v. State, 759 So.2d 620 (Fla.2000). This affirmance is without prejudice to appellant to present the double jeopardy claim, raised for the first time on direct appeal, to the trial court for resolution. See Colon v. State, 738 So.2d 1023 (Fla. 4th DCA 1999) (conviction for one count of misdemeanor DUI reversed because a charge of misdemeanor DUI “is a lesser included offense of DUI with an accident,” which would allow a defendant to be sentenced twice for the same offense).

POLEN, C.J., STONE and KLEIN, JJ., concur.

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815 So. 2d 714, 2002 Fla. App. LEXIS 5214, 2002 WL 662928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gill-v-state-fladistctapp-2002.

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