Perri v. State
| Decision Date | 14 January 2015 |
| Docket Number | No. 2D14–42.,2D14–42. |
| Citation | 154 So.3d 1204 |
| Parties | Sean PERRI, Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida District Court of Appeals |
Sean Perri, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Wendy Buffington, Assistant Attorney General, Tampa, for Appellee.
Sean Perri has filed a petition alleging ineffective assistance of appellate counsel under Florida Rule of Appellate Procedure 9.141(d) raising four grounds. The State concedes the validity of ground three, and we grant the petition with regard to that ground; we deny the remaining grounds without further comment.
Mr. Perri was charged with numerous offenses after he fled from law enforcement officers who tried to stop his vehicle based on a tip that he was in possession of drugs and a firearm. Two of the offenses—possession of ammunition by a convicted felon and possession of a firearm by a convicted felon1 —were severed from the others. After a jury found Mr. Perri guilty of the other offenses, he entered an open plea to the possession charges, and the trial court sentenced him as a habitual felony offender to concurrent terms of thirty years' imprisonment with a three-year mandatory minimum for the possession of a firearm. Appellate counsel raised one issue on appeal concerning the trial court's failure to dismiss three of the other counts with which Mr. Perri was charged.
In ground three of his petition, Mr. Perri argues that appellate counsel was ineffective for failing to argue on appeal that his convictions of possession of a firearm by a convicted felon and possession of the ammunition in the firearm by a convicted felon violated his double jeopardy rights. See Boyd v. State, 17 So.3d 812, 818 (Fla. 4th DCA 2009) () (citing Hill v. State, 711 So.2d 1221, 1224–25 (Fla. 1st DCA 1998) ); accord Bell v. State, 122 So.3d 958, 960–61 (Fla. 2d DCA 2013) (); Strain v. State, 77 So.3d 796, 797 (Fla. 4th DCA 2011) (). The State concedes that appellate counsel was ineffective in this regard, correctly noting that although this issue was not preserved for appeal, it is one of fundamental error that is not waived by the entry of an open plea. See Novaton v. State, 634 So.2d 607, 609 (Fla.1994) (); Hunt v. State, 769 So.2d 1109, 1110 (Fla. 2d DCA 2000) ( Nova...
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