QAVONTAE MACHELL LANG
v.
STATE OF FLORIDA
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Ineffective assistance of counsel claims must generally be raised in a postconviction Rule 3.850 proceeding rather than on direct appeal, and double jeopardy challenges to sentences require contemporaneous objection at sentencing to be preserved.
[1] Ineffective assistance of counsel claims must ordinarily be raised in a postconviction proceeding under Florida Rule of Criminal Procedure 3.850 rather than on direct app…
[2] A double jeopardy challenge to sentences constitutes a challenge to convictions and must be preserved by a specific, contemporaneous objection at sentencing; failure to p…
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Join FLexlaw to unlock all legal intelligence“Except in rare cases, allegations of ineffective assistance of trial counsel must be raised in a postconviction proceeding brought pursuant to Florida Rule of Criminal Procedure 3.850, not on direct appeal.”
Court's statement of the general rule governing ineffective assistance claims
Qavontae MacHell Lang appealed his convictions and two fifteen-year sentences from the Circuit Court for Escambia County. He raised claims of ineffect…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D16-2930 _____________________________
QAVONTAE MACHELL LANG,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Escambia County. Darlene F. Dickey, Judge.
June 4, 2018
PER CURIAM.
Appellant, Qavontae MacHell Lang, contends in part that we should reverse his convictions based on ineffective assistance of counsel that is apparent on the face of the record. Except in rare cases, allegations of ineffective assistance of trial counsel must be raised in a postconviction proceeding brought pursuant to Florida Rule of Criminal Procedure 3.850, not on direct appeal. See Barnett v. State, 181 So. 3d 534, 536 (Fla. 1st DCA 2015). We reject Appellant’s argument that this case meets that rare standard. While Appellant also raises what he characterizes as a double jeopardy argument, he challenges his two fifteen-year sentences, not his convictions. See State v. Williams, 854 So. 2d 215, 217 (Fla. 1st DCA 2003) (noting that a double jeopardy claim “constitutes, in reality, a challenge to [the appellee’s] convictions rather [than]
2
his sentence”). Because Appellant did not preserve this argument, we cannot address it. See Sims v. State, 998 So. 2d 494, 504 (Fla. 2008) (“In Florida, a specific, contemporaneous objection is necessary to preserve a sentencing error.”). Our disposition does not preclude Appellant from challenging his sentences in a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). See Eason v. State, 932 So. 2d 465, 466 (Fla. 1st DCA 2006) (noting that the appellant, who completed youthful offender boot camp, argued in his rule 3.800(a) motion that the trial court erred in sentencing him following his violation of probation). Finally, we have considered Appellant’s remaining arguments, which we find to be meritless.
AFFIRMED.
LEWIS, KELSEY, and WINSOR, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Rocco J. Carbone, III, St. Augustine, for Appellant.
Pamela Jo Bondi, Attorney General, Quentin Humphrey, Assistant Attorney General, Tallahassee, for Appellee.
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