GARY JOSEPH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1999-09-01
No. 99-2011
Before GERSTEN, GREEN, and SORONDO, JJ.
738 So. 2d 1034 Florida District Court of Appeal, Third District (1999) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Novaton v. State, 634 So. 2d 607 (Fla.1994); Tafero v. State, 561 So. 2d 557 (Fla.), cert. denied, 495 U.S. 925, 110 S.Ct. 1962, 109 L.Ed.2d 324 (1990); Leone v. State, 657 So. 2d 26 (Fla. 5th DCA 1995).


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  • Roque v. State, 754 So. 2d 144 (Fla. 3d DCA 2000)
    …uld have and could have been raised on direct appeal, see. Byrd v. State, 597 So. 2d 252, 254 (Fla.1992) (holding that post-conviction relief cannot be based on grounds which either were or could have been raised on direct appeal); Morejon v. Moore, 738 So. 2d 1034 (Fla. 3d DCA 1999)(same), or are conclusively refuted by the record, see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). We have no jurisdiction to [*145] review the additional two issues raised by the defendant in his…

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