Durm v. State

Anthony Durm appeals the trial court’s order summarily denying his motion, filed pursuant to Florida Rule of Criminal Procedure 3.800(a), to correct an illegal sentence. Although Appellant’s motion is couched in part as an attack upon his sentence, in reality it seeks to vacate his conviction1 as barred by double jeopardy. A double jeopardy challenge to a conviction must be brought pursuant to rule 3.850, rather than rule 3.800(a). Lopez v. State, 2 So.3d 1057 (Fla. 3d DCA 2009); White v. State, 644 So.2d 174 (Fla. 3d DCA 1994); Plowman v. State, 586 So.2d 454 (Fla. 2d DCA 1991); Ferenc v.…