Salazar v. State, 96-292
| Decision Date | 12 June 1996 |
| Docket Number | No. 96-292,96-292 |
| Citation | 675 So.2d 654 |
| Parties | 21 Fla. L. Weekly D1380 Richard SALAZAR, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard Salazar, in pro. per.
Robert A. Butterworth, Attorney General, for appellee.
Before NESBITT, LEVY and GERSTEN, JJ.
The appellant's motion for rehearing is granted. We withdraw our previous opinion dated April 3, 1996 and substitute the following:
We affirm the trial court's denial of Richard Salazar's motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800. Defendant contends that the plea upon which his convictions and sentences were based was for possession and sale of the same cocaine, thus violating double jeopardy. The double jeopardy argument Salazar advances in this case is a challenge to his convictions, not sentences, and thus is not cognizable under the rule regarding motions to correct illegal sentences. Wiley v. State, 604 So.2d 6 (Fla. 1st DCA 1992). Nevertheless, even if we construe the motion as one seeking post-conviction relief, pursuant to Florida Rule of Criminal Procedure 3.850, the defendant would still not be entitled to a remedy. The general rule is that a defendant who knowingly enters a plea agreement concerning both the charges and sentences waives any double jeopardy objection. The exception to that rule, being inapplicable to the instant facts, need not be addressed herein. See Novaton v. State, 634 So.2d 607 (Fla.1994) ().
Accordingly, we affirm the order under review.
To continue reading
Request your trial
-
Collins v. Sec'y, Fla. Dep't of Corr.
...Plowman v. State, 586 So. 2d 454, 456 (Fla. 2d DCA 1991); Henry v. State, 920 So. 2d 1204, 1205 (Fla. 4th DCA 2006); Salazar v. State, 675 So. 2d 654, 655 (Fla. 3d DCA 1996); State v. Spella, 567 So. 2d 1051, 1051 (Fla. 5th DCA 1990); Ferenc v. State, 563 So. 2d 707, 707 (Fla. 1st DCA 1990)......
-
Coughlin v. State
...Plowman v. State, 586 So.2d 454, 456 (Fla. 2d DCA 1991); Henry v. State, 920 So.2d 1204, 1205 (Fla. 4th DCA 2006); Salazar v. State, 675 So.2d 654, 655 (Fla. 3d DCA 1996); State v. Spella, 567 So.2d 1051, 1051 (Fla. 5th DCA 1990); Ferenc v. State, 563 So.2d 707, 707 (Fla. 1st DCA 1990). Bec......
-
Alfonso v. State, 96-1362
...cert. denied, 505 U.S. 1233, 113 S.Ct. 2, 120 L.Ed.2d 931 (1992); Davis v. State, 683 So.2d 572 (Fla. 4th DCA 1996); Salazar v. State, 675 So.2d 654 (Fla. 3d DCA 1996); Russell v. State, 656 So.2d 203 (Fla. 5th DCA 1995); Williams v. State, 650 So.2d 1054 (Fla. 1st DCA 1995); Hamrick v. Sta......
-
Skidmore v. State, 96-2343
...(Fla. 1st DCA 1996); White v. State, 644 So.2d 174 (Fla. 3d DCA 1994), as they are cut off by the entry of the plea. Salazar v. State, 675 So.2d 654 (Fla. 3d DCA 1996). Finding no error, we Affirmed. 1 The defendant was charged with burglary of a structure, robbery, two counts of aggravated......