IN THE INTEREST OF R.J., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
IN THE INTEREST OF R.J., APPELLANT,
STATE OF FLORIDA, APPELLEE
636 So. 2d 197
Florida District Court of Appeal, Fourth District (1994)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
In this appeal from an adjudication of delinquency for possession of cocaine, we affirm, finding that the errors complained of, while egregious, do not rise to the level of fundamental error. We further find that this is not an appropriate case for consideration of the question of ineffectiveness of trial counsel on direct appeal. Thus, we do not reach the issue of whether the errors of which appellant complains are sufficiently egregious to satisfy the test for ineffective assistance of counsel established by Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Our determina tion is without prejudice to appellant’s right to seek collateral relief on this issue.
AFFIRMED.
DELL, C.J., and HERSEY and STONE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brown v. State, 894 So. 2d 137 (Fla. 2004)…So. 2d 545, 546 (Fla.1986) (stating that whether a prisoner should be physically present at a 3.850 hearing is discretionary with the trial court except when evidence is to be presented and the prisoner is not represented by counsel); Neal v. State, 636 So. 2d 197 (Fla. 4th DCA 1994) (rejecting an argument that the trial court erred when it failed to require the movant’s presence at the hearing on his motion for posteonviction relief, citing rule 3.850(e)). If the court can adjudicate the posteonviction motio…
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Neal v. State, 658 So. 2d 1257 (Fla. 4th DCA 1995)…agreement. See Wilson, 658 So. 2d at 522. Additionally, since the trial court failed to follow our prior mandate, we again direct the trial court to vacate appellant’s conviction and sentence for driving with a suspended license. See Neal v. State, 636 So. 2d 197 (Fla. 4th DCA 1994). REVERSED and REMANDED. DELL, KLEIN and PARIENTE, JJ., concur.…
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)