Summary
holding that possible double jeopardy issue can be raised by motion for collateral review
Summary of this case from Taylor v. StateOpinion
Case No. 96-01517
Opinion filed November 21, 1997
Appeal from the Circuit Court for Pasco County; Wayne L. Cobb, Judge.
James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Assistant Public Defender, Clearwater, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Robert J. Krauss, Senior Assistant Attorney General, Tampa, for Appellee.
In this appeal filed pursuant to Anders v. California, 386 U.S. 738 (1967), the public defender has suggested that the trial court erred by accepting George B. Watson's guilty plea because of a possible double jeopardy issue. Watson waived his right to direct appeal by failing to make an express reservation of the right to appeal the double jeopardy issue. See Ford v. State, 556 So.2d 483, 484 (Fla. 2d DCA 1990). We note that Watson can raise this issue by collateral review. See id.
Accordingly, we affirm without prejudice to Watson to raise the double jeopardy issue by collateral review.
PARKER, C.J., and PATTERSON and BLUE, JJ., Concur.