Deloach v. State

Full title: JAMES L. DELOACH, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Oct 16, 2002

831 So. 2d 691 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 3D01-2904.

Opinion filed October 16, 2002. Rehearing Denied December 11, 2002.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Cecilia M. Altonaga, Judge. Lower Tribunal Nos. 98-16385.

James L. DeLoach, in proper person.

Robert A. Butterworth, Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.

Before JORGENSON, COPE, and GODERICH, JJ.

PER CURIAM.

Affirmed. See Novaton v. State, 634 So.2d 607 (Fla. 1994); Hubbard v. State, 662 So.2d 746 (Fla. 1st DCA 1995) (holding that a negotiated sentence precludes appeal or collateral challenge of conviction and sentence on double jeopardy grounds apart from an allegation of ineffective assistance of counsel); see also Hurlburt v. State, 807 So.2d 687 (Fla. 2d DCA 2002) (holding that habitual offender sentences are not affected by the unconstitutionality of the 1995 sentencing guidelines); Hepburn v. State, 778 So.2d 448 (Fla. 3d DCA 2001).