LEON MCCORMICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Leon McCormick appealed the summary denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.850, challenging his convictions for conspiracy to traffic and attempted sale of cannabis with consecutive 15-year sentences. The court affirmed the denial, finding that his claims either lacked sufficient factual detail for an ineffective assistance claim or were matters that should have been raised on direct appeal.
The court affirmed the denial of McCormick's rule 3.850 motion. The ineffective assistance claim lacked sufficient factual detail to warrant a hearing. The remaining grounds (failure to prove conspiracy, failure to prove constructive possession, jury instruction errors, and sentencing arguments) were proper matters for direct appeal, not post-conviction relief, and the sentences imposed were within statutory parameters.
[1] A claim of ineffective assistance of counsel in a motion for post-conviction relief must detail specific omissions or overt acts to justify a hearing.
[2] Allegations that the state failed to prove the existence of a conspiracy or constructive possession are matters that could have been raised on direct appeal and are not p…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Ground (1), although a proper ground for relief, does not detail a specific omission or overt act showing ineffective assistance.”
Establishes the standard that ineffective assistance claims must contain specific factual allegations of deficient performance
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMcCormick pled guilty to charges of conspiracy to traffic and attempted sale of cannabis. The trial court sentenced him to two consecutive fifteen-yea…
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SCHEB, Judge.
This is an appeal under Florida Rule of Appellate Procedure 9.140(g) from the summary denial of a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. Appellant pled guilty to charges of conspiracy to traffic and attempted sale of cannabis. The trial court sentenced him to two fifteen-year prison terms to be served consecutively. This court affirmed the conviction and sentence on appeal. McCormick v. State, 447 So. 2d 1360 (Fla. 2d DCA 1984).
Appellant’s rule 3.850 motion raises five claims for relief:
(1) Denial of effective assistance of counsel.
(2) The state failed to prove that a conspiracy existed and was, in fact, ongoing.
(3) The state failed to prove the constructive possession of marijuana.
(4) The court erred in denying defendant’s requested jury instructions and the instructions given were not adequate.
(5) The trial court erred in establishing in its own mind the involvement of the defendant and the harshness of the sentence.
Ground (1), although a proper ground for relief, does not detail a specific omission or overt act showing ineffective assistance. Knight v. State, 394 So. 2d 997 (Fla.1981); see also State v. Bucherie, 468 So. 2d 229 (Fla.1985). Thus, it does not set forth sufficient facts to justify a hearing. Grounds (2), (3), (4), and (5) were, or could have been, raised on direct appeal and thus are not proper matters for ancillary post-conviction relief. Lightbourne v. State, 471 So. 2d 27 (Fla.1985); Raulerson v. State, 462 So. 2d 1085 (Fla.1985); McCrae v. State, 437 So. 2d 1388 (Fla.1983). Moreover, the sentences imposed were within the statutory parameters. See §§ 893.-135(1)(a) and 775.082(3)(b), Fla.Stat. (1983).
Accordingly, the denial of appellant’s rule 3.850 motion is affirmed.
RYDER, C.J., and HALL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Knight v. State, 394 So. 2d 997 (Fla. 1981)
- McCRAE v. State, 437 So. 2d 1388 (Fla. 1983)
- Lightbourne v. State, 471 So. 2d 27 (Fla. 1985)
- THE Florida BAR v. Silverman, 468 So. 2d 229 (Fla. 1985)
- Raulerson v. State, 462 So. 2d 1085 (Fla. 1985)