Moore v. State

Moore appeals the denial of his motion for post-conviction relief filed pursuant to Florida Rules of Criminal Procedure 3.850. In his motion appellant alleged that the trial court erred when it convicted and sentenced him on two counts of robbery and one count of aggravated assault, because aggravated assault is a lesser included offense of armed robbery.1 Appellant’s motion is insufficient to support the claim for relief sought, for he does not state facts in the petition which are sufficient to show that his rights under the double jeopardy provisions of the Florida and United States…