Opinion
No. 3D23-2181
06-05-2024
Augustin FLEURIMOND, Appellant, v. The STATE of Florida, Appellee.
Clayton R. Kaeiser, PA., and Clayton R. Kaeiser, for appellant. Ashley Moody, Attorney General and Richard L. Polin, Chief Assistant Attorney General, for appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Tanya Brinkley, Judge. Lower Tribunal No. F06-34231B
Clayton R. Kaeiser, PA., and Clayton R. Kaeiser, for appellant.
Ashley Moody, Attorney General and Richard L. Polin, Chief Assistant Attorney General, for appellee.
Before SCALES, GORDO and BOKOR, JJ.
PER CURIAM.
Affirmed. See Miller v. State, 435 So. 2d 258, 262 (Fla. 3d DCA 1983); Desue v. State, 917 So. 2d 223 (Fla. 1st DCA 2005); see also Coughlin v. State, 932 So. 2d 1224, 1226 (Fla. 2d DCA 2006) ("[A] traditional double jeopardy challenge attacks both the conviction and, by default, the sentence, while rule 3.800(a) is limited to claims that a sentence itself is illegal, without regard to the underlying conviction.").