Florida District Courts of Appeal, 1998

McCann v. State

McCann v. State
Florida District Courts of Appeal · Decided October 21, 1998 · Altenbernd, Danahy, Paul, Threadgill
720 So. 2d 275; 1998 Fla. App. LEXIS 13448; 1998 WL 729258 (Southern Reporter, Second Series)

McCann v. State

Opinion of the Court

PER CURIAM.

Timothy J. McCann appeals his judgments and sentences for sexual battery with a deadly weapon, burglary, grand theft, and robbery with a deadly weapon. We affirm the judgments and sentences without discussion.

As the result of a negotiated plea, Mr. McCann received a 5-year sentence of imprisonment for grand theft concurrent with concurrent sentences of 34.9 years of imprisonment for the sexual battery with a deadly weapon, burglary, and armed robbery.

Although it is unlikely to affect his longer, upward departure sentences, Mr. McCann may have a valid double jeopardy claim concerning his convictions for grand theft, a third-degree felony, and armed robbery, a life felony. See Sirmons v. State, 634 So.2d 153 (Fla. 1994). We cannot resolve this issue based upon the record in this appeal. Accordingly, we affirm without prejudice to Mr. McCann filing a timely motion for posteonvietion relief pursuant to Florida Rule of Criminal Procedure 3.850 alleging the existence of a double jeopardy issue.

Affirmed.

THREADGILL, AC.J., ALTENBERND, J., and DANAHY, PAUL W., Jr., Senior Judge, concur.

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