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Defendant Granted New Appeal on Double Jeopardy Issue

Nov 1, 2013 | Appeals/Post-Conviction Motions |

In Hankins v. State, 38 Fla. L. Weekly D2198a (Fla. 5th DCA 2013), Hankins sought another appeal, alleging ineffective assistance of appellate counsel for counsel’s failure to argue that his convictions and sentences violated double jeopardy.

The court affirmed his convictions of attempted first-degree murder with a firearm for count one; burglary of a dwelling with an assault or battery while armed with a firearm for count two, arson of a dwelling for count three, aggravated battery with a firearm for count four; and aggravated assault with a firearm for count five. Hankins was sentenced to two terms of life in prison for counts one and two. Hankins received lesser sentences for the other convictions.

The court granted Hankins’s request for a new appeal. Because a double jeopardy analysis involves both a statutory analysis as well as a factual review of the record, the court allowed Hankins another appeal so that the double jeopardy issue could be fully briefed by appellate counsel. The court granted the petition and instructed the trial court to appoint appellate counsel to file a brief limited to the double jeopardy issue.

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