ALFRED W. RICCO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the motion for post-conviction relief was legally insufficient on its face because it failed to allege that counsel's deficiencies likely affected the outcome.
The defendant was convicted of manslaughter and later moved for post-conviction relief alleging ineffective assistance of counsel. The trial court den…
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SALMON, MICHAEL H., Associate Judge.
Alfred W. Ricco was convicted of the crime of manslaughter and sentenced to a term of imprisonment of twelve years. His conviction and sentence were affirmed by this court. Ricco v. State, 445 So. 2d 627 (Fla. 4th DCA), rev. denied, 451 So. 2d 850 (Fla.1984).
Ricco, on April 25, 1984, moved for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850 alleging ineffective assistance of counsel. A hearing was held regarding that motion; the requested relief was denied by written order. Appellant alleged many acts or omissions on the part of his trial counsel which he contends constitute ineffective assistance of counsel, but he does not allege, even generally, that the claimed deficiencies were so substantial as to probably have affected the outcome of the proceeding. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Knight v. State, 394 So. 2d 997 (Fla.1981); Downs v. State, 453 So. 2d 1102 (Fla.1984). Although not specifically recited in the order denying the motion, the trial judge essentially denied the motion predicated upon the legal insufficiency of the motion on its face.1 In so doing, he was correct.
Affirmed.
ANSTEAD and HURLEY, JJ., concur. . Although not raised by the state, it seems clear from the record that at the time the motion for post-conviction relief was filed, Ricco was not a prisoner in custody under sentence, a require ment recited in the rule to give the movant standing to request the relief.
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Romano v. State, 562 So. 2d 406 (Fla. 4th DCA 1990)…STONE, Judge, dissenting. In my judgment the petition lacks a sufficient factual predicate for the allegations and is insufficient to require a hearing. I would affirm. Gorham v. State, 521 So. 2d 1067 (Fla.1988); Ricco v. State, 474 So. 2d 327 (Fla. 4th DCA 1985); Martinelli v. State, 467 So. 2d 841 (Fla. 4th DCA 1985); Wilson v. State, 531 So. 2d 1012 (Fla. 2d DCA 1988); Prince v. State, 508 So. 2d 447 (Fla. 1st DCA 1987); Swain v. State, 502 So. 2d 494 (Fla. 1st DCA 1987).…
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Bostic v. State, 631 So. 2d 1146 (Fla. 4th DCA 1994)…djudged a habitual offender absent the stipulation, and did not set forth the mitigation factors which should have been considered at sentencing. We agree and affirm. See Mitchell v. State, 581 So. 2d 990 (Fla. 1st [*1147] DCA 1991); Ricco v. State, 474 So. 2d 327 (Fla. 4th DCA 1985). Because the time for filing a rule 3.850 motion has not yet run, our affirmance is without prejudice to the appellant’s ability to file a second, sufficiently detailed motion. Davis v. State, 627 So. 2d 112, 113 (Fla. 1st DCA…
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Knight v. State, 394 So. 2d 997 (Fla. 1981)
- Downs v. State, 453 So. 2d 1102 (Fla. 1984)
- Ricco v. State, 445 So. 2d 627 (Fla. 4th DCA 1984)
- Granderson Davis, Jr. v. State, 445 So. 2d 627 (Fla. 1st DCA 1984)