McFord v. State

District Court of Appeal of Florida

McFord v. State

948 So. 2d 60, 2007 Fla. App. LEXIS 223, 2007 WL 57858

District Court of Appeal of Florida·Decided January 10, 2007·No. No. 3D06-1181·Published

Opinion

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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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.

McFord v. State, 948 So. 2d 60, 2007 Fla. App. LEXIS 223, 2007 WL 57858 (Fla. Ct. App. 2007).

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