District Court of Appeal of Florida November 7, 2001, No. 3D00-3436 (Munos v. State)

lead-opinion

PER CURIAM.

Affirmed.

GERSTEN and GREEN, JJ., CONCUR.

concurrence-opinion

COPE, J.

(concurring).

Contrary to the position of the State, there is a double jeopardy issue. See Cleveland v. State, 587 So.2d 1145 (Fla.1991); Weiss v. State, 720 So.2d 1113 (Fla. 3d DCA 1998), approved, 761 So.2d 318 (Fla.2000). The effect of the defendant’s plea was to waive the double jeopardy issue.