EDMOND J. DUHART, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a defendant is precluded from raising the denial of counsel at a preliminary hearing in a motion to vacate judgment and sentence if that issue was not raised on direct appeal. The court also found that the defendant received effective assistance of counsel at trial.
Edmond J. Duhart was convicted of robbery, unlawful possession of a weapon, and possession of a stolen motor vehicle. He filed a motion to vacate his …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Preliminary Hearing cases and more on FLexlaw
PER CURIAM.
Defendant-appellant, Edmond J. Duhart, was tried by a jury and convicted of robbery, unlawful possession of a weapon while engaged in a criminal offense and possession of a stolen motor vehicle. Duhart appealed his conviction which was affirmed by this court. See Duhart v. State, 348 So. 2d 387 (Fla. 3d DCA 1977). Thereafter, pursuant to Fla.R.Crim.P. 3.850, he filed a motion to vacate judgment and sentence and as ground therefor he primarily alleges that he was denied effective assistance of counsel at his preliminary hearing and trial. After a full evidentiary hearing, the trial judge found that Duhart had effective assistance of counsel and denied the motion to vacate. Duhart appeals the denial order.
With respect to Duhart’s contention that he was prejudiced by being denied counsel at his preliminary hearing, the principle of law is well established that the failure to assign counsel at a preliminary hearing must be raised on direct appeal taken by a defendant. See Clements v. State, 320 So. 2d 44 (Fla. 3d DCA 1975). Duhart having failed in that appeal to raise the issue of denial of counsel at his preliminary hearing, he is now precluded from raising this same issue as grounds for relief from judgment under Fla.R.Crim.P. 3.850. See Clements v. State, supra.
Turning to Duhart’s argument that he was denied effective assistance of counsel at this trial, we agree with the determination of the trial judge that he was effectively represented by counsel. The record reflects that Duhart knowingly consented in writing prior to the trial to be represented by a certified legal intern under the supervision of an assistant public defender pursuant to Article 18 of the Integration Rule of The Florida Bar. Thus, we conclude that Duhart’s motion for relief from judgment and sentence was properly denied.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Walcott v. State, 460 So. 2d 915 (Fla. 5th DCA 1984)…tion 775.087(2), Fla.Stat., to impose the three year mandatory minimum firearm sentence. .See, e.g., Downs v. State, 453 So. 2d 1102 (Fla.1984); Ziegler v. State, 452 So. 2d 537 (Fla.1984); Foster v. State, 400 So. 2d 1 (Fla.1981); Duhart v. State, 369 So. 2d 639 (Fla. 3d DCA 1979); Johnson v. State, 364 So. 2d 118 (Fla. 1st DCA 1978); Tyner v. State, 363 So. 2d 1165 (Fla. 1st DCA 1978); Pitts v. State, 355 So. 2d 505 (Fla. 1st DCA 1978); Burau v. State, 353 So. 2d 1183 (Fla. 3d DCA 1978); Ashley v. State, 3…
-
Duval v. State, 744 So. 2d 523 (Fla. 2d DCA 1999)…m does not compel a reversal in this case because here the trial court found, based on the evidentiary hearing, that Duval knew he was being represented in part by an intern and the intern was, in fact, properly supervised. See also Duhart v. State, 369 So. 2d 639 (Fla. 3d DCA 1979) (rejecting ineffective assistance of counsel claim where defendant knowingly consented in writing to intern’s representation). Despite the admitted violation in this case, the issue is whether Duval has shown reversible error. Th…
Authorities Cited
- Edmond Duhart v. State, 348 So. 2d 387 (Fla. 3d DCA 1977)
- Clements v. State, 320 So. 2d 44 (Fla. 3d DCA 1975)