Legal Opinion

Primavera v. State

District Court of Appeal of Florida

Decided August 26, 2016No. 2D14-4933Published

1Per curiam

Paul R. Primavera appeals the order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand for further proceedings.

In his motion, Primavera argued that his sentences for eight counts of promotion of a sexual performance by a child violated his double jeopardy rights. The postcon-viction court correctly found that Primav-eras claim was not cognizable in a rule 3.800(a) motion. See Coughlin v. State, 932 So.2d 1224, 1226 (Fla. 2d DCA 2006) (en banc) (holding that double jeopardy challenges to sentences necessarily…

2Cases cited2 opinions

  1. Coughlin v. StateDistrict Court of Appeal of Florida · 2006
  2. Patterson v. StateDistrict Court of Appeal of Florida · 2014

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