ARTHUR FREDERICK GOODE, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. | 1981-07-09
No. 59453
SUNDBERG, C. J., and BOYD, OVER-TON, ENGLAND, ALDERMAN and MCDONALD, JJ., concur.
403 So. 2d 931 Florida Supreme Court (1981) Caution
Cited by 32 cases

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Holding

The court held that a motion to vacate judgment and sentence cannot be used to raise issues that were or could have been raised on direct appeal, and that the defendant's claim of ineffective assistance of counsel was without merit as he acted as his own attorney.


Headnotes

[1] A motion to vacate judgment and sentence cannot be used as a substitute for a direct appeal, and matters that could have been or were raised on direct appeal are properly…

[2] A defendant who knowingly waives the right to counsel and acts as his own attorney cannot later claim ineffective assistance of court-appointed counsel provided solely fo…

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Facts & Procedural History

Appellant, Arthur Frederick Goode, III, was convicted of first-degree murder and sentenced to death. After his direct appeal was affirmed, he filed a …

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Opinion of the Court
ADKINS, Justice.

ADKINS, Justice.

We have for review an order denying a motion to vacate judgment and sentence pursuant to Florida Rule of Criminal Procedure 3.850. Appellant, Arthur Frederick Goode, III, was found guilty of first-degree murder and sentenced to death. This Court affirmed the trial court’s judgment and sentence. See Goode v. State, 365 So. 2d 381 (Fla.1978). Appellant, pursuant to Florida Rule of Criminal Procedure 3.850, filed a motion to vacate judgment and sentence alleging several constitutional infirmities in the guilt and sentencing phases of the trial.

The trial court denied said motion and a subsequent motion for rehearing filed by appellant. Appellant then filed a notice of appeal to this Court. We have jurisdiction. Art. V, § 3(b)(1), Fla.Const. Appellant raises seven issues in support of his assertion that the trial court erred in denying his motions. Five of those raised are issues which either could have been or were raised on direct appeal. A motion to vacate judgment and sentence cannot be used as a substitute for an appeal, and where matters raised therein could have been or were raised on direct appeal, denial of the motion is proper. See Meeks v. State, 382 So. 2d 673 (Fla.1980).

Specifically, appellant’s arguments that the trial court improperly considered nonstatutory aggravating circumstances, that the court found appellant’s mental condition to be a mitigating circumstance but failed to state such in the findings of fact, and that the court applied an incorrect burden of proof in determining aggravating and mitigating circumstances are matters which should have been raised on appeal. Nor, his assertions to the contrary notwithstanding, do we agree that appellant could not have raised the preceding issues on appeal. The record demonstrates that he should have, at the time, been aware of those matters.

Petitioner’s arguments regarding the validity of the findings that the murder was heinous, atrocious, and cruel, and that he was competent to stand trial are matters that he actually did raise on appeal to this Court. The trial court’s refusal to vacate judgment and sentence was proper as it related to the preceding matters which either could have been or were raised on direct appeal to this Court.

There remain two matters for our consideration.

First, appellant asserts that he was denied effective assistance of court-appointed counsel by virtue of the co-counsel relationship which was imposed on him and the failure of his co-counsel to raise an insanity defense. Appellant acknowledges that one who represents himself cannot later complain of his own ineffective self representation, but emphasizes that he is complaining of ineffective assistance by co-counsel. He argues first that conflict and disagreement between his co-counsel and himself prevented a coherent approach to the case, and second, that in light of the serious questions regarding Goode’s mental condition, co-counsel should have raised an insanity defense. We, however, do not agree. Appellant was the architect of his defense at trial.

The record demonstrates that he knowingly waived his right to counsel, and was made fully aware of the perils of self-representation.

The trial court appointed an attorney for the purpose of giving legal advice when needed, and appellant did not object to the arrangement. Clearly, appellant acted as his own attorney, and we do not believe that he may now complain that his “co-counsel,” provided for the purpose of giving him advice upon request, ineffectively “eo-represented” him and denied him a fair trial.

Finally we disagree with appellant’s assertion that the trial court order denying the motion to vacate was procedurally defective. We have reviewed the record, and are of the opinion that it supports the trial court’s determination that appellant is entitled to no relief, which must be shown to justify a dismissal without hearing. As for the trial court’s failure to attach to its order a copy of that portion of the files and record conclusively showing that appellant is entitled to no relief, the order refers to specific pages of the record, to which we referred in lieu of an attachment. Any error was harmless, and does not warrant reversal of the trial court’s order.

Having considered each of the points raised by appellant, and having found that none warrant reversal of the trial court’s order denying post-conviction relief, we hereby affirm said order.

It is so ordered.

SUNDBERG, C. J., and BOYD, OVER-TON, ENGLAND, ALDERMAN and MCDONALD, JJ., concur.


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Citator

Cited By (16 total)

  • Downs v. State, 740 So. 2d 506 (Fla. 1999)
    …l health expert, and the final few witnesses, including Downs. Thus, to the extent Downs could have introduced mitigating evidence concerning his background, he may not complain on this appeal of counsel's failure to do the same. See Goode v. State, 403 So. 2d 931, [*516] 933 (Fla.1981) (holding that where defendant knowingly waived right to counsel and was fully informed of perils of self-representation, and trial court appointed attorney for purpose of giving legal advice when needed, defendant acted as his…
  • Jones v. State, 421 So. 2d 55 (Fla. 1st DCA 1982)
    …A 1982). If, however, the motion is facially insufficient, the failure to attach portions of the record refuting Jones’ allegations may be excused as harmless error. See, e.g., Cowick v. State, 419 So. 2d 779 (Fla. 1st DCA 1982); cf. Goode v. State, 403 So. 2d 931, 933 (Fla. 1981). Thus, the determinative issue at bar is whether the motion is facially sufficient. Despite its not being specifically styled as such, the motion charges also that Jones involuntarily pled guilty due to men [*57] tal incompetence.…
  • Mason v. State, 489 So. 2d 734 (Fla. 1986)
    …051, 104 S.Ct. 1330, 79 L.Ed.2d 725 (1984). In seeking relief under rule 3.850, appellant raises ten issues, several of which either were or could have been considered on direct appeal and are therefore now barred from consideration. Goode v. State, 403 So. 2d 931 (Fla.1981). At any rate, in light of today’s holding, we need reach only the first issue as dispositive. We agree that the cause must be remanded in order to resolve the question, raised by the evidence proffered, of whether Mason’s due process righ…

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