AMADO L. PEDROSO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a Rule 3.850 motion is not a substitute for a direct appeal, and issues that could have been raised on direct appeal are not cognizable for collateral attack.
Appellant was convicted of armed robbery and appealed the conviction. He later filed a Rule 3.850 motion alleging the trial judge failed to state reas…
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HOBSON, Acting Chief Judge.
Amado L. Pedroso appeals the denial of a Florida Rule of Criminal Procedure 3.850 motion. We affirm.
In January 1980 a trial judge adjudicated appellant guilty of armed robbery and sentenced him to thirty years imprisonment, retaining jurisdiction over the first third of the sentence. Appellant appealed the conviction, but not the sentence, and we affirmed without a written opinion. Pedroso v. State, 386 So. 2d 647 (Fla. 2d DCA 1980). In May 1982 he filed a Rule 3.850 motion alleging that the trial judge did not state the reasons for retaining jurisdiction with individual particularity as required by section 947.16(3)(a), Florida Statutes (1979). The judge summarily denied the motion.
A Rule 3.850 motion is not a substitute for a direct appeal. Raulerson v. State, 420 So. 2d 567, at 569 (Fla. Aug. 26, 1982). In other words, where issues raised on a Rule 3.850 motion could have been or were raised on a direct appeal, denial of the motion is proper. Id.; Meeks v. State, 382 So. 2d 673, 675 (Fla.1980). Appellant could have raised the retention of jurisdiction issue on direct appeal. Thus, the issue is not now cognizable for collateral attack.
We respectfully disagree with our sister court’s decision in Sawyer v. State, 401 So. 2d 939 (Fla. 1st DCA 1981), dismissing a direct appeal alleging improper retention of jurisdiction without prejudice to raise the issue on a Rule 3.850 motion.
Accordingly, the trial judge’s denial of the Rule 3.850 motion is AFFIRMED.
BOARDMAN and DANAHY, JJ., concur.
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Johnston v. State, 497 So. 2d 863 (Fla. 1986)…ing whether a defendant has knowingly and intelligently waived his right to counsel, a trial court should inquire into, among other things: defendant’s age, mental status, and lack of knowledge and experience in criminal proceedings. Keene v. State, 420 So. 2d 908 (Fla. 1st DCA 1982), review denied, 430 So. 2d 452 (Fla.1983). The trial judge made the proper inquiry in this case and correctly concluded that the desired waiver of counsel was neither knowing nor intelligent, in part, because of Johnston’s mental…
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Kearse v. State, 605 So. 2d 534 (Fla. 1st DCA 1992)…rangement, lack of knowledge, education or inexperience in criminal proceedings, is to make certain that defendant is aware of the disadvantage under which he is placing himself by waiving counsel.” Smith, 444 So. 2d at 545 (quoting Keene v. State, 420 So. 2d 908, 910 (Fla. 1st DCA 1982)). See also Williams v. State, 427 So. 2d 768, 770-71 (Fla. 2d DCA 1983). The state has argued that appellant was equivocal in his request to proceed pro se and that he waived his right to self-representation. The request to…
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State v. Snow, 462 So. 2d 455 (Fla. 1985)…ALDERMAN, Justice. We review the decision of the District Court of Appeal, First District, in Snow v. State, 443 So. 2d 1074 (Fla. 1st DCA 1984), which expressly and directly conflicts with Pedroso v. State, 420 So. 2d 908 (Fla. 2d DCA 1982). Snow was convicted and sentenced for kidnapping and sexual battery. The trial court retained jurisdiction for one-third of the sentence imposed. On the record, the trial judge stated his justification for retaining jurisdiction…
Previewing 3 of 25 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Meeks v. State, 382 So. 2d 673 (Fla. 1980)
- Muldrow v. Starr, 401 So. 2d 939 (Fla. 1st DCA 1981)
- Raulerson v. State, 420 So. 2d 567 (Fla. 1982)