Florida District Courts of Appeal, 2010

Davis v. State

Davis v. State
Florida District Courts of Appeal · Decided January 27, 2010 · Cope, Gersten, Schwartz
25 So. 3d 1282; 2010 Fla. App. LEXIS 529; 2010 WL 289184 (Southern Reporter, Third Series)

Davis v. State

Concurring Opinion

COPE, J.

(concurring).

The sole issue raised on this direct appeal from conviction and sentence is the claim that trial counsel was ineffective and that this can be determined from the face of the record. The majority opinion affirms without prejudice to the appellant to file a postconviction motion under Florida Rule of Criminal Procedure 3.850. In so stating we are not, of course, expressing any opinion on the merits of any motion that the appellant may file.

Opinion of the Court

PER CURIAM.

Affirmed without prejudice to appellant’s raising a claim of ineffective assistance of trial counsel in an appropriate Rule 3.850 motion.

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