FAHEEM SALEEM RASHEED, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant seeks to raise an issue by motion for post conviction relief, Florida Rule of Criminal Procedure 3.850, which could properly have been litigated during the trial proceedings and reviewed upon direct appeal. Appellant's direct appeal was exhausted by this Court’s affirmance of his conviction and sentence for burglary and grand theft in Rasheed v. State, 433 So. 2d 522 (Fla. 1st DCA 1983).
We affirm the trial court’s denial of relief as appellant’s single issue involved whether the circumstantial evidence presented at his trial was sufficient to support a finding of guilt, an issue not cognizable through collateral attack, see Demps v. State, 416 So. 2d 808, 809 (Fla.1982); Meeks v. State, 382 So. 2d 673, 675 (Fla. 1980), cert. denied, 459 U.S. 1155, 103 S.Ct. 799, 74 L.Ed.2d 1002 (1983).
ERVIN, C.J., and THOMPSON and WIG-GINTON, JJ., concur.
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State v. Chaplin, 490 So. 2d 52 (Fla. 1986)…additional 25 points, which, if properly calculated initially, would have resulted in a total point score of 161, for a recommended range of 7-9 years. Counsel for respondent did not raise this computational error on direct appeal, Chaplin v. State, 449 So. 2d 981 (Fla. 1st DCA 1984), but instead raised this issue for the first time in a motion for post-convic [*53] tion relief, which was denied by the trial court. The district court reversed, analogizing the instant computational error to those cases which h…
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Chaplin v. State, 473 So. 2d 842 (Fla. 1st DCA 1985)…oints deleted, appellant’s guidelines score would have been 161 points, for a recommended sentencing range of 7-9 years. On appellant’s direct appeal from his convictions his counsel did not raise this sentencing guidelines error. Chaplin v. State, 449 So. 2d 981 (Fla. 1st DCA 1984). The error was first raised in appellant’s present motion for post-conviction relief. On appeal from the trial court’s order denying this motion, this court entered an order requesting the state to submit a brief addressing the i…
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Chaplin v. State, 488 So. 2d 555 (Fla. 1st DCA 1986)…-12 years incarceration. Based upon this, the trial court sentenced Chaplin to a term of 12 years on each of the counts of armed robbery to run concurrently. Chaplin’s sentences and convictions were affirmed on direct appeal. See, Chaplin v. State, 449 So. 2d 981 (Fla. 1st DCA 1984). Thereafter, Chaplin filed a motion for post-conviction relief asserting various scoring errors. This court on 13 August 1985 vacated his sentence and remanded the cause to the trial court, finding that Chaplin’s guidelines score…
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- Meeks v. State, 382 So. 2d 673 (Fla. 1980)
- Bennie E. Demps v. State, 416 So. 2d 808 (Fla. 1982)
- South Carolina v. Interstate Commerce Comm'n, 459 U.S. 1155 (U.S. 1983)