JERRY CUMPER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the judgment and sentence for sexual battery on a child under eleven years of age.
Appellant was tried jointly with a codefendant and found guilty of aiding and abetting sexual battery on a child under eleven years of age. Both were …
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HALL, Judge.
Jerry Cumper appeals his judgment and sentence for sexual battery on a child under eleven years of age. Appellant was tried jointly with a codefendant, and the jury returned a verdict finding appellant guilty as a principal in aiding and abetting a sexual battery on a child eleven years of age or younger. The codefendant was found guilty of sexual battery on a child eleven years of age or younger. Appellant and the codefendant were both sentenced to life imprisonment with a twenty-five-year mandatory minimum sentence.
Appellant raised seven points on appeal. We find no merit to any of the points and, therefore, affirm his judgment and sentence.
We note, however, that appellant has raised the issue of ineffective assistance of counsel. This issue cannot be sufficiently determined by us from the record as it now stands. We, therefore, decline to reach that point. The issue of ineffective assistance of counsel may be properly raised in a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Kelley v. State, 486 So. 2d 578 (Fla.), cert. denied, — U.S. —, 107 S.Ct. 244, 93 L.Ed.2d 169 (1986).
Affirmed.
CAMPBELL, A.C.J., and SCHOONOVER, J., concur.
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Erickson v. State, 565 So. 2d 328 (Fla. 4th DCA 1990)…appeal, but are more properly raised by motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. Kelley v. State, 486 So. 2d 578, 585 (Fla.), cert. denied, 479 U.S. 871, 107 S.Ct. 244, 93 L.Ed.2d 169 (1986); Cumper v. State, 506 So. 2d 89 (Fla. 2d DCA 1987); Fletcher v. State, 506 So. 2d 90 (Fla. 2d DCA 1987). The defendant also challenges the use of his in-court identification by the victim at trial, claiming that it is tainted by an impermissibly suggestive pre-trial photographic-…
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Loren v. State, 601 So. 2d 271 (Fla. 1st DCA 1992)…ppeal, but are properly raised in a motion for postconviction relief. Kelley v. State, 486 So. 2d 578, 585 (Fla.), cert. denied, 479 U.S. 871, 107 S.Ct. 244, 93 L.Ed.2d 169 (1986); Healey v. State, 556 So. 2d 488 (Fla. 2d DCA 1990); Cumper v. State, 506 So. 2d 89 (Fla. 2d DCA 1987). The reasons for this rule are because the trial court never had the opportunity to consider the issue below, and the issue often involves collateral questions of fact that cannot be determined by the trial record. Sobel v. State,…
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Lewis v. State, 570 So. 2d 346 (Fla. 2d DCA 1990)…el because they were represented by one attorney during their joint trial. We decline to consider this issue on direct appeal. Kelley v. State, 486 So. 2d 578 (Fla.), cert. denied, 479 U.S. 871, 107 S.Ct. 244, 93 L.Ed.2d 169 (1986); Cumper v. State, 506 So. 2d 89 (Fla. 2d DCA 1987). Affirmed in part, reversed in part, and remanded. DANAHY, A.C.J., and PATTERSON, J., concur. . During the taped conversation, Mr. Jones expressed concern that his fingerprints were on the bag that contained the cocaine. Mr. Le…
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- Kelley v. State, 486 So. 2d 578 (Fla. 1986)