TERRY MOORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1983-05-20
No. AQ-21
BOOTH and SHIVERS, JJ., concur.
431 So. 2d 713 Florida District Court of Appeal, First District (1983) Positive Treatment
Cited by 1 case


Opinion of the Court
MILLS, Judge.

MILLS, Judge.

Moore appeals from the trial court’s summary denial of his motion for postconviction relief, Rule 3.850, Florida Rules of Criminal Procedure. We affirm.

Moore contends that he was denied effective assistance of counsel because his attorney failed to object to the introduction of certain evidence at his trial. This argument is without merit because Moore failed to meet the standards for showing ineffective assistance of counsel as set forth in Knight v. State, 394 So. 2d 997 (Fla.1981).

He also alleges that several other errors were committed below. However, because the matters either were or could have been raised on direct appeal, Moore v. State, 415 So. 2d 1366 (Fla. 1st DCA 1982), they are inappropriate for consideration by way of a 3.850 motion.

AFFIRMED.

BOOTH and SHIVERS, JJ., concur.


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  • Howard v. State, 462 So. 2d 31 (Fla. 1st DCA 1984)
    …t affected the outcome of the court proceedings. Knight v. State, 394 So. 2d 997, 1001 (Fla.1981). Failure to meet these standards will support the summary denial of a Rule 3.850 motion alleging ineffective assistance of counsel. See Moore v. State, 431 So. 2d 713 (Fla. 1st DCA 1983). Howard has failed to meet the first standard upon which all the others rely; namely, he did not provide the details of the specific omission upon which the claim is based. The motion alleges that “[p]eti-tioner was denied the r…

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