830 So. 2d 262

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

No. 5D02-3240.

District Court of Appeal of Florida, Fifth District.

Nov. 15, 2002.

Robert McCraney, Crawfordville, pro se.

No Appearance for Appellee.

PER CURIAM.

We 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, MeCra-ney 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.

Double 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).

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

AFFIRMED.

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

McCraney v. State
830 So. 2d 262

Case Details

Name
McCraney v. State
Decision Date
Nov 15, 2002
Citations

830 So. 2d 262

Jurisdiction
Florida

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