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506 So. 2d 89

506 So.2d 89

12 Fla.L.Weekly 1141

Docket No. 86-902.

Cumper v. State

Jerry CUMPER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1987-05-01

Relies on Mahan & Rowsey, Inc. v. Oklahoma Natural Gas · 486 So. 2d 578 - Kelley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-05-01

How this case has been cited

Cited by 6 later decisions — most recently July 2017

6 state decisions

401987199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Elizabeth G. Mansfield and Robert H. Dillinger of Dillinger & Swisher, P.A., St. Petersburg, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, Robert S. Landry and Kim W. Munch, Asst. Attys. Gen., Tampa, for appellee.

¶3HALL, Judge.

¶4Jerry Cumper appeals his judgment and sentence for sexual battery on a child under eleven years of age. Appellant was tried jointly with a codefendant, and the jury returned a verdict finding appellant guilty as a principal in aiding and abetting a sexual battery on a child eleven years of age or younger. The codefendant was found guilty of sexual battery on a child eleven years of age or younger. Appellant and the codefendant were both sentenced to life imprisonment with a twenty-five-year mandatory minimum sentence.

¶5Appellant raised seven points on appeal. We find no merit to any of the points and, therefore, affirm his judgment and sentence.

¶6We note, however, that appellant has raised the issue of ineffective assistance of counsel. This issue cannot be sufficiently determined by us from the record as it now stands. We, therefore, decline to reach that point. The issue of ineffective assistance of counsel may be properly raised in a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. *90Kelley v. State,486 So.2d 578 (Fla.), cert. denied, ___ U.S. ___, 107 S.Ct. 244, 93 L.Ed.2d 169 (1986).

¶7Affirmed.

¶8CAMPBELL, A.C.J., and SCHOONOVER, J., concur.

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