Pena v. State

Full title: Sergio Herrera PENA, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fourth District.

Date published: Dec 12, 2012

127 So. 3d 588 (Fla. Dist. Ct. App. 2012)

Opinion

No. 4D12–1187.

2012-12-12

Sergio Herrera PENA, Appellant, v. STATE of Florida, Appellee.

Appeal of order denying rule 3.800 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John J. Hoy, Judge; L.T. Case No. 2010CF001423AMB. Sergio Herrera Pena, Perry, pro se. No appearance required for appellee.

PER CURIAM.

Appeal of order denying rule 3.800 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John J. Hoy, Judge; L.T. Case No. 2010CF001423AMB.
Sergio Herrera Pena, Perry, pro se. No appearance required for appellee.
PER CURIAM.

Appellant contends on appeal that his dual convictions for driving with a canceled, suspended, or revoked license causing serious bodily injury or death and leaving the scene of crash causing death violate double jeopardy. The denial of his motion to correct illegal sentence filed pursuant to Fla. R.Crim. P. 3.800(a) was proper. Black v. State, 52 So.3d 830, 831 (Fla. 4th DCA 2011) (citing Henry v. State, 920 So.2d 1204, 1205 (Fla. 4th DCA 2006)). We affirm the order of denial, but do so without prejudice to appellant filing a timely motion for post-conviction relief under Fla. R.Crim. P. 3.850 that raises this issue. See Abbate v. State, 82 So.3d 886, 888 (Fla. 4th DCA 2011).

Affirmed. STEVENSON, TAYLOR and CONNER, JJ., concur.