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676 So. 2d 1017

Johnson v. State

District Court of Appeal of Florida · decided 1996-06-21

Cited by 1 later decisions — most recently May 2002

1 state decisions

Relies on 634 So. 2d 607 - Novaton v. State · 574 So. 2d 63 - Mills v. Dugger · 656 So. 2d 1273 - The Florida Bar v. Forrester

Good law ✅— No negative treatment on recordhow we know

Decided 1996-06-21

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PER CURIAM.

¶1Clyde Edward Johnson appeals the denial of his petition for writ of habeas corpus relief which alleged ineffective assistance of counsel and violation of his double jeopardy rights. We affirm.

¶2Johnson previously filed a motion pursuant to Florida Rules of Criminal Procedure 3.850 for post-conviction relief alleging ineffective assistance of counsel. The trial court denied this motion and was affirmed on appeal. Johnson v. State, 656 So.2d 1295 (Fla. 5th DCA 1995). Johnson’s ineffective assistance claim is barred as successive. See Mills v. Dugger, 574 So.2d 63 (Fla.1990) (holding habeas not to be used for additional appeal of post-conviction issues). As to the double jeopardy claim, the order denying relief is affirmed because Johnson entered a negotiated plea to the charges. See Novaton v. State, 634 So.2d 607 (Fla.1994) (holding that negotiated plea waives any double jeopardy claim).

¶3AFFIRMED.

W. SHARP, GRIFFIN and THOMPSON, JJ., concur.
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