Legal Opinion

Beard v. State

District Court of Appeal of Florida

Decided September 9, 2011No. 5D11-575PublishedCited by 1 opinion

1Per curiam

Nathaniel Beard timely appeals the summary denial of his 3.850 motion, which raised three ineffective assistance of counsel claims and one claim that his sentence is illegal. Beard’s motion was summarily denied by the trial court. This court affirms the denial of all claims except Beard’s claim that the two conspiracy convictions violate double jeopardy. The attached record does not refute this claim, and it is necessary' to reverse and remand the matter for the trial court to attach those portions of the record that refute the claim or to vacate the conviction of the lesser conspiracy…

2Cases cited3 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Durden v. StateDistrict Court of Appeal of Florida · 2005
  3. Negron Gil De Rubio v. StateDistrict Court of Appeal of Florida · 2008

3Cited by1 opinion

  1. Martin v. StateDistrict Court of Appeal of Florida · 2014

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