ARMANDO S. VARELA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ARMANDO S. VARELA, APPELLANT,
STATE OF FLORIDA, APPELLEE
513 So. 2d 763
Florida District Court of Appeal, Second District (1987)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Defendant, Armando S. Varela, challenges his conviction and sentence for trafficking in cocaine of 400 grams or more. We find no merit to defendant’s first two points. In his third point, defendant contends that he was denied his sixth amendment right to effective assistance of counsel. Generally, such claims are not reviewable on direct appeal but are more properly raised on a motion for post-conviction relief. State v. Barber, 301 So. 2d 7 (Fla.1974).
Accordingly, we affirm defendant's conviction and sentence without prejudice to defendant seeking relief on the grounds of ineffective assistance of counsel. Fla.R. Crim.P. 3.850.
SCHEB, A.C.J., and CAMPBELL and LEHAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Spann v. State, 550 So. 2d 164 (Fla. 2d DCA 1989)…e in Henderson, not possession of a firearm by a convicted felon, as here. Second, Spann’s claims of ineffective assistance of counsel are not subject to direct appeal, but are properly raised on a motion for post-conviction relief. Varela v. State, 513 So. 2d 763 (Fla. 2d DCA 1987). Our decision rejecting that point is without prejudice to the defendant's raising a timely claim for post-conviction relief under Florida Rule of Criminal Procedure 3.850. We affirm the defendant’s convictions but vacate the sen…
Authorities Cited
- State v. Barber, 301 So. 2d 7 (Fla. 1974)