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Florida District Courts of Appeal, 1982

Marks v. State

Marks v. State
Florida District Courts of Appeal · Decided December 29, 1982 · Anstead, Hersey, Walden
423 So. 2d 1021; 1982 Fla. App. LEXIS 22352 (Southern Reporter, Second Series)

Marks v. State

Opinion of the Court

PER CURIAM.

We determine that appellant’s First Point on Appeal is without merit. As to his Second Point, appellant may not raise the issue of ineffective assistance of counsel for the first time on appeal. Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980). The issue must first be presented to the trial court and where, as here, trial has been concluded, the appropriate vehicle is a motion for post conviction relief.

We therefore affirm.

ANSTEAD, HERSEY and WALDEN, JJ., concur.

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