Henry v. State Book Reviews

Henry v. State by District Court of Appeal of the State of Florida Fourth District January Term 2006 Book Summary

We affirm the trial courts denial of appellants Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. Appellant claimed that her convictions for grand theft and robbery violated double jeopardy because they were committed during the same criminal episode, involved the same victims, and concerned the same jewelry. We agree with the trial courts conclusion that this claim cannot be raised in a 3.800(a) motion because the claim attacks the convictions, not the sentences, and because the claim cannot be determined from the face of the record. See Safrany v. State, 895 So.2d 1145 (Fla. 2d DCA 2005); Smith v. State, 886 So.2d 336 (Fla. 5th DCA 2004).

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