Barnes v. State
Barnes v. State
Opinion of the Court
In this Anders
Unless knowingly and intentionally waived in the plea bargaining process, a double jeopardy violation is a fundamental error that can be raised for the first time on direct appeal or in postconviction proceedings. See Lippman v. State, 633 So.2d 1061 (Fla. 1994); State v. Johnson, 483 So.2d 420 (Fla. 1986); Barfield v. State, 871 So.2d 929 (Fla. 5th DCA 2004); Davis v. State, 775 So.2d 427 (Fla. 5th DCA 2001).
As a result, we affirm Barnes’s conviction and sentence for robbery, but reverse his conviction and sentence for grand theft. We remand the matter to the trial court for resentencing. See Swilley v. State, 845 So.2d 930 (Fla. 5th DCA 2003).
We find no merit in the remaining issues.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.