Florida District Courts of Appeal, 2002

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided March 6, 2002 · Cope, Gersten, Goderich
808 So. 2d 1256; 2002 Fla. App. LEXIS 2342; 2002 WL 341043 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

Brian Lorenzo Smith appeals his convictions for sexual battery and lewd assault. The only point raised on appeal is that trial counsel was ineffective. We are not convinced that the claim of ineffectiveness β€œis apparent on the face of the record.... ” Blanco v. Waimuright, 507 So.2d 1377, 1384 (Fla. 1987); Etienne v. State, 778 So.2d 474 (Fla. 3d DCA 2001); Caison v. State, 695 So.2d 872 (Fla. 3d DCA 1997). We affirm the convictions and sentences, without prejudice to the appellant to file a motion for postconviction relief. We express no opinion on the merits of any such motion. (

Affirmed.

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