Opinion
No. 5D11–575.
2011-09-9
Nathaniel BEARD, Appellant,v.STATE of Florida, Appellee.
Nathaniel Beard, Graceville, pro se.Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.
Nathaniel Beard, Graceville, pro se.Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.
Nathaniel Beard timely appeals the summary denial of his 3.850 motion, which raised three ineffective assistance of counsel claims and one claim that his sentence is illegal. Beard's motion was summarily denied by the trial court. This court affirms the denial of all claims except Beard's claim that the two conspiracy convictions violate double jeopardy. The attached record does not refute this claim, and it is necessary to reverse and remand the matter for the trial court to attach those portions of the record that refute the
claim or to vacate the conviction of the lesser conspiracy offense.
Beard was convicted, after a jury trial, of conspiracy to commit burglary of a dwelling, conspiracy to commit robbery, armed burglary of a dwelling, and attempted robbery with a deadly weapon. In Beard's appeal of his postconviction motion, he takes issue with the convictions and sentences for the two conspiracy counts. Beard was sentenced to five years at the Department of Corrections on one of the counts and to three years on the second count, both to run consecutively. Beard argues that to be convicted and sentenced on the two conspiracy counts is a violation of double jeopardy.
In denying Beard's 3.850 motion, the trial court did a Blockburger