OMAR BLANCO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm the appellant's convictions and sentences, finding no fundamental or harmful error in the various issues raised on appeal. Cf. Ray v. State, 403 So. 2d 956 (Fla.1981). We also specifically reject appellant’s contentions of incompetency of counsel, finding such claims patently invalid on the record before us. See State v. Eicher, 431 So. 2d 1009 (Fla. 3d DCA 1982).
Notwithstanding our affirmance of the convictions and sentences, we remand with directions that the provisions of the trial court’s order retaining jurisdiction over the appellant’s sentences be stricken.
ANSTEAD, C.J., and HURLEY and DELL, JJ., concur.
PER CURIAM.
We grant the petition for rehearing and clarification to the extent that we agree with appellant that the issue of ineffective assistance of counsel was not directly raised on appeal. Our decision herein does not preclude appellant from maintaining any post-conviction relief proceedings as to the issue of ineffective assistance of counsel. We deny the petition for rehearing and clarification in all other respects.
ANSTEAD, C.J., and HURLEY and DELL, JJ., concur.
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Nelson v. State, 490 So. 2d 32 (Fla. 1986)…ission of a co-conspirator exception, there must be substantial independent evidence of the conspiracy and the appellant’s participation in it. Damon v. State, 289 So. 2d 720 (Fla.1973); Honchell v. State, 257 So. 2d 889 (Fla.1971); State v. Wilson, 466 So. 2d 1152 (Fla. 2d DCA 1985); State v. Haynes, 453 So. 2d 926 (Fla. 2d DCA 1984). See § 90.803(18)(e), Fla.Stat. (1983). While the state did intro duce evidence of Nelson’s presence in the Baskovich home, there is insufficient non-hearsay evidence that Nelson…
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Verni v. State, 536 So. 2d 1162 (Fla. 2d DCA 1988)…whether there was substantial evidence, free from the taint of hearsay, upon which the court could find, at least preliminarily, that a conspiracy existed and the person objecting to the hearsay statements was an active participant. State v. Wilson, 466 So. 2d 1152 (Fla. 2d DCA 1985). Verni argues that there was no proof, independent or otherwise, to indicate that he was a party to the conspiracy at the time of the recorded conversation. He cites as analogous Moore v. State, 503 So. 2d 923 (Fla. 5th DCA 1987)…
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Olga Romani, M.D. v. State, 528 So. 2d 15 (Fla. 3d DCA 1988)…(1938). This conspiracy was formed to kill the individuals on the list. Contrary to defendant’s contention, the change in the order of the murders did not alter or in any manner affect the conspiracy, its objective, or continuation. State v. Wilson, 466 So. 2d 1152 (Fla. 2d DCA 1985). . Ibarra offered conflicting testimony regarding when he first met Romani. He first claimed to have met her before the murder, at her clinic, whereupon she informed him of the Medicaid fraud investigation. Later Ibarra stated he…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- RAY v. State, 403 So. 2d 956 (Fla. 1981)
- Walker v. State, 431 So. 2d 1009 (Fla. 2d DCA 1981)