Legal Opinion

McKay v. State

District Court of Appeal of Florida

Decided April 19, 2006No. 2D05-4229PublishedCited by 3 opinions

1Opinion of the Court

STRINGER, Judge.

Raymond McKay appeals the postcon-viction court’s denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the postconviction court’s denial of claims two and three, without comment, and reverse the postconviction court’s denial of claim one.

In claim one of his rule 3.850 motion, McKay alleged his convictions for both third-degree murder and vehicular homicide violated double jeopardy because he caused a single death. The postconviction court denied this claim finding that the offenses did not violate double jeopardy because…

2Cases cited3 opinions

  1. Novaton v. StateSupreme Court of Florida · 1994
  2. Rodriguez v. StateDistrict Court of Appeal of Florida · 2004
  3. Richardson v. StateDistrict Court of Appeal of Florida · 2004

3Cited by3 opinions

  1. McKinney v. StateDistrict Court of Appeal of Florida · 2011
  2. McCullough v. StateDistrict Court of Appeal of Florida · 2017
  3. McCullough v. StateDistrict Court of Appeal of Florida · 2017

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