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422 So. 2d 934

Kilpatrick v. State

District Court of Appeal of Florida

Decided November 3, 1982

District Court of Appeal of Florida · decided 1982-11-03

Cited by 3 later decisions — most recently April 2014

3 state decisions

Relies on Knight v. State · 402 So. 2d 606 - State v. Hawkins · 385 So. 2d 114 - Roth v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1982-11-03

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MILLS, Judge.

¶1Kilpatrick appeals the trial court’s summary denial of his motion for post-convic*935tion relief. Rule 3.850, Florida Rules of Criminal Procedure. We affirm.

¶2The first ground for relief raised by Kilpatrick was previously raised on direct appeal. Kilpatrick v. State, 402 So.2d 618 (Fla. 1st DCA 1981). Therefore, it cannot form the basis for collateral attack.

¶3In his second ground for relief, Kil-patrick alleges that certain of his constitutional rights were violated at trial. We find that this is a matter which could have been raised on direct appeal. “The fact that the basis of the defendant’s collateral attack is alleged to be one of constitutional dimension does not preclude a waiver by the failure to assert it on direct appeal.” Roth v. State, 385 So.2d 114, 115 (Fla. 3d DCA 1980).

¶4Finally, Kilpatrick’s allegations of ineffective assistance of counsel are insufficient under Knight v. State, 394 So.2d 997 (Fla.1981).

¶5AFFIRMED.

ERVIN and WIGGINTON, JJ., concur.
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