Florida District Courts of Appeal, 1989

Mosley v. State

Mosley v. State
Florida District Courts of Appeal · Decided November 15, 1989 · Garrett, Walden, Warner
554 So. 2d 2; 14 Fla. L. Weekly 2643; 1989 Fla. App. LEXIS 6337; 1989 WL 136077 (Southern Reporter, Second Series)

Mosley v. State

Concurring Opinion

GARRETT, Judge,

concurring specially.

All parties agree that the record is devoid as to the reason the victim was in jail during appellant’s trial. I believe, whatever the reason, the victim’s incarceration should have been an area of inquiry by appellant’s trial counsel. However, I recognize post-conviction relief is the favored *3procedure to evaluate the effectiveness of trial counsel’s assistance.

Opinion of the Court

PER CURIAM.

AFFIRMED without prejudice to appellant’s right to seek post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850.

WALDEN and WARNER, JJ., concur. GARRETT, J., specially concurs with opinion.

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