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25 So. 3d 1282

Docket No. 3D08-2038.

Davis v. State

Jerome DAVIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 27, 2010.

District Court of Appeal of Florida · decided 2010-01-27

Cited by 3 later decisions — most recently October 2018

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2010-01-27

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¶1*1283 Carlos J. Martinez, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant.

¶2Bill McCollum, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

¶3Before COPE and GERSTEN, JJ., and SCHWARTZ, Senior Judge.

¶4PER CURIAM.

¶5Affirmed without prejudice to appellant's raising a claim of ineffective assistance of trial counsel in an appropriate Rule 3.850 motion.

¶6COPE, J. (concurring).

¶7The 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.

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