Florida District Courts of Appeal, 2009

Ortiz v. State

Ortiz v. State
Florida District Courts of Appeal · Decided September 30, 2009 · Cortiñas, Gersten, Schwartz
19 So. 3d 434; 2009 Fla. App. LEXIS 14504; 2009 WL 3102717 (Southern Reporter, Third Series)

Ortiz v. State

Opinion of the Court

PER CURIAM.

The contentions raised on appeal were not preserved below and do not present fundamental error. Moreover, the allegations concerning the adequacy of trial counsel’s representation do not fall within the exception to the rule that the issue is not cognizable on direct appeal. See Smith v. State, 998 So.2d 516, 522-523 (Fla. 2008); Smith v. State, — So.3d -, 2009 WL 2777100 (Fla. 1st DCA 2009). The convictions and sentence are therefore affirmed without prejudice to an application for Rule 3.850 relief.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.