Stroud v. State

Full title: Bill Stroud, Appellant, v. The State of Florida, Appellee.

Court: Florida Court of Appeals, Third District

Date published: Aug 9, 2023

No. 3D23-0734 (Fla. Dist. Ct. App. Aug. 9, 2023)

Opinion

3D23-0734

08-09-2023

Bill Stroud, Appellant, v. The State of Florida, Appellee.

Bill Stroud, in proper person. Ashley Moody, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County Nos. F19-4950, F19-4952, F19-13087, F18-18896, F19-7351, F18-22274, F19-4953, F19-5181, F19-4951, Laura Shearon Cruz, Judge.

Bill Stroud, in proper person.

Ashley Moody, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.

Before SCALES, MILLER, and BOKOR, JJ.

PER CURIAM.

Affirmed. See Lopez v. State, 2 So.3d 1057, 1059 (Fla. 3d DCA 2009) ("It is clear in the case law of this state that double jeopardy challenges to convictions are not cognizable under [Florida Rule of Criminal Procedure] 3.800(a)."); Ramirez v. State, 47 Fla.L.Weekly D1823, D1824 (Fla. 3d DCA Aug. 31, 2022) ("A motion to correct illegal sentence under rule 3.800(a) is not cognizable where, as here, the defendant seeks to challenge the validity of the conviction and, only by extension, the 'legality' of the resulting sentence."); Kingry v. State, 28 So.3d 173, 174 (Fla. 1st DCA 2010) ("Having freely and voluntarily entered into [a plea] agreement and accepted its benefits, appellant may not now seek to be relieved of one of the burdens imposed upon him pursuant to the agreement.").