Opinion
No. 4D01-4638.
April 24, 2002.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Peter M. Weinstein, Judge; L.T. Case No. 97-1971 CF10A
Robin Gill, Florida City, pro se.
No appearance required for appellee.
We affirm the trial court's denial of appellant's 3.850 post-conviction relief motion asserting a claim pursuant Heggs v. State, 759 So.2d 620 (Fla. 2000). This affirmance is without prejudice to appellant to present the double jeopardy claim, raised for the first time on direct appeal, to the trial court for resolution. See Colon v. State, 738 So.2d 1023 (Fla. 4th DCA 1999) (conviction for one count of misdemeanor DUI reversed because a charge of misdemeanor DUI "is a lesser included offense of DUI with an accident," which would allow a defendant to be sentenced twice for the same offense).
POLEN, C.J., STONE and KLEIN, JJ., concur.