GEORGE KILPATRICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that grounds for relief previously raised on direct appeal or that could have been raised on direct appeal, and claims of ineffective assistance of counsel that are insufficient, cannot form the basis for post-conviction relief.
Appellant sought post-conviction relief, raising three grounds. The first ground had been raised on direct appeal, the second could have been raised o…
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MILLS, Judge.
Kilpatrick appeals the trial court’s summary denial of his motion for post-convic tion relief. Rule 3.850, Florida Rules of Criminal Procedure. We affirm.
The first ground for relief raised by Kilpatrick was previously raised on direct appeal. Kilpatrick v. State, 402 So. 2d 618 (Fla. 1st DCA 1981). Therefore, it cannot form the basis for collateral attack.
In his second ground for relief, Kil-patrick alleges that certain of his constitutional rights were violated at trial. We find that this is a matter which could have been raised on direct appeal. “The fact that the basis of the defendant’s collateral attack is alleged to be one of constitutional dimension does not preclude a waiver by the failure to assert it on direct appeal.” Roth v. State, 385 So. 2d 114, 115 (Fla. 3d DCA 1980).
Finally, Kilpatrick’s allegations of ineffective assistance of counsel are insufficient under Knight v. State, 394 So. 2d 997 (Fla.1981).
AFFIRMED.
ERVIN and WIGGINTON, JJ., concur.
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Dortch v. State, 137 So. 3d 1173 (Fla. 1st DCA 2014)…in a direct appeal; nor did he do so in any collateral review of his conviction or sentence. Ordinarily, this wholesale failure to assert an entitlement to a claimed right affecting sentencing amounts to waiver, or abandonment. Kilpatrick v. State, 422 So. 2d 934, 935 (Fla. 1st DCA 1982) (The fact that the basis of the defendant’s collateral attack is alleged to be one of constitutional dimension does not preclude a waiver by the failure to assert it on direct appeal.”) (quoting Roth [*1179] v. State, 385 So…
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Scott v. State, 423 So. 2d 978 (Fla. 1st DCA 1982)…entered, without understanding of consequences. The first two issues could have been raised on direct appeal and are not properly addressed in a motion for post-conviction relief. See Goode v. State, 403 So. 2d 931 (Fla.1981); Kilpatrick v. State, 422 So. 2d 934 (Fla. 1st DCA 1982). Questions regarding the effectiveness of assistance of counsel and the voluntariness of a guilty plea are properly raised in a Rule 3.850 motion, however, in denying the motion the trial court attached portions of the record whi…
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Triola v. State, 464 So. 2d 1312 (Fla. 2d DCA 1985)…he has waived that argument by his failure to assert it on his plenary appeal. Armstrong; Clark v. State, 336 So. 2d 468 (Fla. 2d DCA 1976), affirmed, 363 So. 2d 331 (Fla.1978); Nova v. State, 439 So. 2d 255 (Fla. 3d DCA 1983); Kilpatrick v. State, 422 So. 2d 934 (Fla. 1st DCA 1982); Roth v. State, 385 So. 2d 114 (Fla. 3d DCA 1980). In his second issue appellant alleges ineffective assistance of both trial and appellate counsels. Appellant’s claim of ineffective assistance of trial counsel is insufficient…
Authorities Cited
- Knight v. State, 394 So. 2d 997 (Fla. 1981)
- Roth v. State, 385 So. 2d 114 (Fla. 3d DCA 1980)