CLYDE EDWARD JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Clyde Edward Johnson appeals the denial of his petition for writ of habeas corpus relief which alleged ineffective assistance of counsel and violation of his double jeopardy rights. We affirm.
Johnson previously filed a motion pursuant to Florida Rules of Criminal Procedure 3.850 for post-conviction relief alleging ineffective assistance of counsel. The trial court denied this motion and was affirmed on appeal. Johnson v. State, 656 So. 2d 1295 (Fla. 5th DCA 1995). Johnson’s ineffective assistance claim is barred as successive. See Mills v. Dugger, 574 So. 2d 63 (Fla.1990) (holding habeas not to be used for additional appeal of post-conviction issues). As to the double jeopardy claim, the order denying relief is affirmed because Johnson entered a negotiated plea to the charges. See Novaton v. State, 634 So. 2d 607 (Fla.1994) (holding that negotiated plea waives any double jeopardy claim).
AFFIRMED.
W. SHARP, GRIFFIN and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wilfrid Metellus v. State, 817 So. 2d 1009 (Fla. 5th DCA 2002)…State, 805 So. 2d 873, 878 (Fla. 2d DCA 2001) ("Where a guilty plea is bargained for, double jeopardy claims as to the conviction and sentence are waived.”) (citations omitted); Colson v. State, 717 So. 2d 554 (Fla. 4th DCA 1998); Johnson v. State, 676 So. 2d 1017 (Fla. 5th DCA 1996); Powell v. State, 657 So. 2d 37 (Fla. 5th DCA 1995); Bryant v. State, 644 So. 2d 513 (Fla. 5th DCA 1994), rev. denied, 654 So. 2d 130 (Fla.1995); [*1013] see also Jones v. State, 711 So. 2d 633, 634 (Fla. 1st DCA 1998) ("There wa…
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Lewis v. State, 827 So. 2d 1052 (Fla. 5th DCA 2002)
Authorities Cited
- Novaton v. State, 634 So. 2d 607 (Fla. 1994)
- Mills v. Dugger, 574 So. 2d 63 (Fla. 1990)