Spencer v. State

In his post-conviction motion, Appellant alleges that he was improperly convicted of two counts of resisting an officer without violence arising from a single incident. The trial court summarily denied Appellant’s motion, finding that this claim was procedurally barred because it could have been raised on direct appeal. A defendant’s conviction of two identical counts violates double jeopardy and can be raised for the first time in a post-conviction motion. See Smith v. State, 741 So.2d 576, 577 (Fla. 1st DCA 1999). The record does not clearly refute Appellant’s claim. Therefore, we reverse…