DAVID LEE MCKELVIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Ineffective Assistance Of Trial Counsel cases and more on FLexlaw
SHIVERS, Judge.
Defendant McKelvin has filed a pro se appellate brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), in which he raises the issues of ineffective assistance of trial counsel and the voluntariness of his guilty plea. First, the issue of ineffective assistance of trial counsel may not be raised for the first time on direct appeal. Smolen v. State, 468 So. 2d 518 (Fla. 1st DCA 1985). Second, the issue of the voluntariness of a guilty plea cannot be raised on direct appeal unless appellant has first made a motion to withdraw the plea in the trial court. Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979); Thomason v. State, 480 So. 2d 713 (Fla. 2d DCA 1986); Chambers v. State, 491 So. 2d 309 (Fla. 4th DCA 1986). Both issues, however, may properly be raised in a motion for post-conviction relief pursuant to Fla.R.Crim.P. 3.850. We therefore affirm the judgment and sentence, but do so without prejudice to appellant’s raising these two issues in a motion for post-conviction relief.
AFFIRMED.
SMITH and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Morgan Eugene Ayers v. State, 538 So. 2d 545 (Fla. 1st DCA 1989)…voluntariness of the guilty plea cannot be raised on direct appeal unless appellant has first made a motion to withdraw the plea in the trial court. Both issues may be raised by a properly filed motion for post-conviction relief. McKelvin v. State, 497 So. 2d 951 (Fla. 1st DCA 1986). Accordingly, we affirm the judgment and sentence without prejudice to appellant’s raising these issues in a subsequent motion for post-conviction relief. However, we agree with appellant that the trial court erred in imposing…
-
Dawson Eugene Havis v. State, 506 So. 2d 3 (Fla. 1st DCA 1987)…ever, the trial court has overlooked the rule of law which holds that the issue of ineffective assistance of trial counsel may not be raised for the first time »n direct appeal. Smolen v. State, 468 So. 2d 518 (Fla. 1st DCA 1985); McKelvin v. State, 497 So. 2d 951 (Fla. 1st DCA 1986). [*4] Having determined that Havis’ motion for post-conviction relief addresses a matter which can be raised in a collateral attack, we would hasten to add that the motion alleges facts which, if true, would entitle Havis to reli…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979)
- Thomason v. State, 480 So. 2d 713 (Fla. 2d DCA 1986)
- Smolen v. State, 468 So. 2d 518 (Fla. 1st DCA 1985)
- Chambers v. State, 491 So. 2d 309 (Fla. 4th DCA 1986)