ALAN V. KIDWELL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ALAN V. KIDWELL, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
394 So. 2d 526
Florida District Court of Appeal, Third District (1981)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Affirmed. The points raised by Kidwell on this appeal were not preserved below by appropriate objection, motion, or request for instruction. State v. Cumbie, 380 So. 2d 1031 (Fla.1980); Clark v. State, 363 So. 2d 331 (Fla.1978); Bailey v. State, 393 So. 2d 24 (Fla. 3d DCA 1981); Mead v. State, 381 So. 2d 743 (Fla. 3d DCA 1980); Simpson v. State, 211 So. 2d 862 (Fla. 3d DCA 1968). Kidwell’s claim that his trial counsel was ineffective cannot properly be raised for the first time on direct appeal and is a matter to be presented to the trial court under Florida Rule of Criminal Procedure 3.850. State v. Barber, 301 So. 2d 7 (Fla.1974); Valero v. State, 393 So. 2d 1197 (Fla. 3d DCA 1981).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williams v. State, 438 So. 2d 781 (Fla. 1983)…rst time on direct appeal. Gibson v. State, 351 So. 2d 948 (Fla.1977), cert. denied, 435 U.S. 1004, 98 S.Ct. 1660, 56 L.Ed.2d 93 (1978); State v. Barber, 301 So. 2d 7 (Fla.1974); Pinder v. State, 421 So. 2d 778 (Fla. 5th DCA 1982); Kidwell v. State, 394 So. 2d 526 (Fla. 3d DCA 1981); Valero v. State, 393 So. 2d 1197 (Fla. 3d DCA 1981). We find no reason to deviate now from this principle. Here, the appellant improperly attempted to raise the question of ineffective assistance of counsel in an amended motion…
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Walker v. State, 399 So. 2d 374 (Fla. 3d DCA 1981)…. State, 373 So. 2d 898 (Fla.1979); Adams v. State, 371 So. 2d 150 (Fla. 1st DCA 1979); Fla.R.App.P. 9.140(b). Nor may a claim of ineffective counsel be raised for the first time on appeal. State v. Barber, 301 So. 2d 7 (Fla.1974): Kidwell v. State, 394 So. 2d 526 (Fla. 3d DCA 1981); Valero v. State, 393 So. 2d 1197 (Fla. 3d DCA 1981); Randall v. State, 346 So. 2d 1233 (Fla. 3d DCA 1977).…
Authorities Cited
- Clark v. State, 363 So. 2d 331 (Fla. 1978)
- State v. Barber, 301 So. 2d 7 (Fla. 1974)
- State v. Cumbie, 380 So. 2d 1031 (Fla. 1980)
- Simpson v. State, 211 So. 2d 862 (Fla. 3d DCA 1968)
- Valero v. State, 393 So. 2d 1197 (Fla. 3d DCA 1981)
- Save Brickell Ave., Inc. v. The City OF Miami, 393 So. 2d 1197 (Fla. 3d DCA 1981)
- Bailey v. State, 393 So. 2d 24 (Fla. 3d DCA 1981)
- Valdez v. State Farm Mut. Auto. Ins. Co., 381 So. 2d 743 (Fla. 3d DCA 1980)
- Mead v. State, 381 So. 2d 743 (Fla. 3d DCA 1980)