Opinion
No. 3D06-1181.
January 10, 2007. Rehearing Denied February 19, 2007.
An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Miami-Dade County, William Thomas, Judge.
Emile McFord, in proper person.
Bill McCollum, Attorney General, and Robin F. Hazel, Assistant Attorney General, for appellee.
Before RAMIREZ, SUAREZ, and LAGOA, JJ.
Emile McFord appeals the trial court's summary denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. McFord's double-jeopardy claim is legally insufficient and conclusively refuted by the record before us. See Fla.R.Crim.P. 3.850; Fla.R.App.P. 9.141(b)(2)(D), Walls v. State, 926 So.2d 1156 (Fla. 2006). In addition, McFord has already challenged his plea agreement violation and sentence on appeal and failed to raise the alleged double-jeopardy issue. See McFord v. State, 877 So.2d 874 (Fla. 3d DCA 2004). Accordingly, we affirm the trial court's order denying McFord's motion for post-conviction relief.
Affirmed.