Public-domain · open source
OpenJurist

830 So. 2d 262

Docket No. 5D02-3240.

McCraney v. State

Robert McCRANEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 15, 2002.

District Court of Appeal of Florida · decided 2002-11-15

Cited by 6 later decisions — most recently February 2017

6 state decisions

Key passage — most relied on by later courts

“double jeopardy challenges are not cognizable in a rule 3.800(a) proceeding because they are attacks on the underlying convictions, not the sentences”

quoted by 1 later decision, including 854 So. 2d 215 - State v. Williams

Relies on Seabrook v. State · 621 So. 2d 723 - Sanders v. State · 567 So. 2d 1051 - State v. Spella

Good law ✅— No negative treatment on recordhow we know

Decided 2002-11-15

View the full empirical analysis of this case →

¶1Robert McCraney, Crawfordville, pro se.

¶2No Appearance for Appellee.

¶3PER CURIAM.

¶4We affirm the summary denial of McCraney's Florida Rule of Criminal Procedure 3.800(a) motion, seeking to correct an illegal sentence.[1] In essence, McCraney attacks his convictions for robbery, aggravated assault and grand theft, on double jeopardy grounds. The trial court found he had waived double jeopardy claims because he entered into a negotiated plea.

¶5Double jeopardy challenges are not cognizable in a rule 3.800(a) proceeding because they are attacks on the underlying convictions, not the sentences. See Sanders v. State, 621 So.2d 723 (Fla. 5th DCA 1993), rev. denied, 629 So.2d 135 (Fla. 1993); State v. Spella, 567 So.2d 1051 (Fla. 5th DCA 1990).

¶6Further, the time for McCraney's filing of a motion pursuant to rule 3.850 has long passed.

¶7AFFIRMED.

¶8COBB, SHARP, W., and ORFINGER, R.B., JJ., concur.

NOTES

¶9[1] The defendant filed his motion pursuant to Florida Rule of Criminal Procedure 3.850. Because his attack on his 1991 conviction and sentence was well beyond the time limit for filing a rule 3.850 motion, the trial court treated the motion as a rule 3.800(a) motion to correct an illegal sentence.

/830/so2d/262 · .json · Public domain