McKinstry v. State

PADGETT, J. ROGERS, Associate Judge.

This appeal is from the summary denial of a motion seeking post-conviction relief under Florida Rule of Criminal Procedure 3.850. Appellant raised five points in his motion. In point 2, he alleged that his conviction and sentence for the lesser included offense of possession of illegal drugs as well as his conviction and sentence for the greater offense of trafficking in illegal drugs violates the double jeopardy clause. In point 4, appellant asserted he was denied effective assistance of counsel because of defense counsel’s failure to correctly advise him…