Gill v. State
Gill v. State
815 So. 2d 714; 2002 Fla. App. LEXIS 5214; 2002 WL 662928
(Southern Reporter, Second Series)
Gill v. State
Opinion of the Court
We affirm the trial court’s denial of appellant’s 3.850 post-conviction relief motion asserting a claim pursuant Heggs v. State, 759 So.2d 620 (Fla. 2000). This affirmance is without prejudice to appellant to present the double jeopardy claim, raised for the first time on direct appeal, to the trial court for resolution. See Colon v. State, 738 So.2d 1023 (Fla. 4th DCA 1999) (conviction for one count of misdemeanor DUI reversed because a charge of misdemeanor DUI “is a lesser included offense of DUI with an accident,” which would allow a defendant to be sentenced twice for the same offense).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.