JUAN FRANCISCO FERRO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court affirmed the denial of post-conviction relief under Fla.R.Crim.P. 3.850, holding that a defendant cannot raise on post-conviction motion issues previously raised on direct appeal, and that counsel's failure to object to prosecutorial comments does not constitute ineffective assistance.
A defendant cannot obtain post-conviction relief under Rule 3.850 for issues raised on direct appeal, and failure to object to prosecutorial comments does not constitute ineffective assistance of counsel.
[1] Issues that could have been raised on direct appeal are not cognizable grounds for post-conviction relief under Fla.R.Crim.P. …
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Join FLexlaw to unlock all legal intelligenceFerro was convicted of first-degree murder of his ex-wife and attempted murder of his ex-mother-in-law and a friend of the ex-wife.…
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PER CURIAM.
The defendant appeals from the following order denying his motion for relief under Fla.R.Crim.P. 3.850:
1. In this cause, the Defendant was tried, and convicted for the first degree murder of his ex-wife, the attempted murder of his ex-mother-in-law and the attempted murder of a friend of the ex-wife.
2. Defendant’s Motion for Post-Conviction Relief asserts two grounds. His first claim for relief is that the trial court erred in allowing the prosecutor to comment in trial on his personal belief in the guilt or innocence of the Defendant. This is an issue which, as indicated in page 8 of Defendant’s memorandum in support of his 3.850 motion, was raised on appeal before the Third District Court of Appeal. As this matter could have been or was raised in the initial appeal, it is not an appropriate ground for relief in a Rule 3.850 Motion. Johnson v. State, 463 So. 2d 207 (Fla.1985); O’Callaghan v. State, 461 So. 2d 1354 (Fla.1984).
3. Defendant’s second ground for relief is that he was denied effective assistance of trial counsel when his attorney failed to make a timely objection to the improper comments by the prosecutor. Such failure, in itself, cannot be ground for finding ineffective assistance of counsel on a Motion for Post-Conviction Relief. State v. Stirrup, 469 So. 2d 845 (Fla. 3rd DCA 1985); Anderson v. State, 467 So. 2d 781 (Fla. 3rd DCA 1985).
IT IS THEREFORE ORDERED AND ADJUDGED that Defendant’s Motion for Post-Conviction Relief is hereby DENIED.
We entirely agree.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lara v. State, 528 So. 2d 984 (Fla. 3d DCA 1988)…ive assistance of counsel. Indeed, a failure to object to improper prosecutorial argument rarely amounts to ineffective assistance of couh-sel, and surely not in this case where the errors, if any, were not substantial in nature. See Ferro v. State, 488 So. 2d 179 (Fla. 3d DCA 1986); State v. Stirrup, 469 So. 2d 845, 847-48 (Fla. 3d DCA), rev. denied, 480 So. 2d 1296 (Fla.1985); Anderson v. State, 467 So. 2d 781, 787-88 (Fla. 3d DCA), pet. for rev. dismissed, 475 So. 2d 693 (Fla.1985). Finally, we are unpers…
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De Jesus v. State, 544 So. 2d 341 (Fla. 3d DCA 1989)…PER CURIAM. Affirmed. See Johnson v. State, 463 So. 2d 207 (Fla.1985); O’Callaghan v. State, 461 So. 2d 1354 (Fla.1984); Ferro v. State, 488 So. 2d 179 (Fla. 2d DCA 1986); Anderson v. State, 467 So. 2d 781 (Fla. 3d DCA 1985).…
Authorities Cited
- Johnson v. Louie L. Wainwright, 463 So. 2d 207 (Fla. 1985)
- Anderson v. State, 467 So. 2d 781 (Fla. 3d DCA 1985)
- State v. Delmer Stirrup, 469 So. 2d 845 (Fla. 3d DCA 1985)
- O'Callaghan v. State, 461 So. 2d 1354 (Fla. 1984)