CHARLES HEALEY AND DWIGHT ALAN FULBRIGHT, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellants Charles Healey and Dwight Fulbright were convicted by a jury of armed robbery and aggravated battery. The same attorney represented both appellants at a single trial. On appeal Healey and Fulbright argue that this multiple representation, plus trial counsel’s alleged failure to present an available defense of “voluntary intoxication,” constitute a prima fa-cie showing of constitutionally inadequate representation. We disagree. As a general rule this sort of claim is inappropriate for direct appellate review, because it often involves collateral questions of fact which cannot be determined solely on the basis of the trial record. Cumper v. State, 506 So. 2d 89 (Fla. 2d DCA 1987). The present case poses no exception.
Affirmed without prejudice to appellants to seek further relief in the trial court pursuant to Florida Rule of Criminal Procedure 3.850.
FRANK, A.C.J., and THREADGILL and PATTERSON, JJ., concur.
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Loren v. State, 601 So. 2d 271 (Fla. 1st DCA 1992)…of counsel are generally not reviewable on direct appeal, 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…
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Johnson v. State, 942 So. 2d 415 (Fla. 2d DCA 2006)…the error was not apparent on the face of the record. Trial counsel’s decision not to seek severance could have been a strategic one. This is a factual question that cannot be determined solely on the basis of the trial record. See Healey v. State, 556 So. 2d 488, 489 (Fla. 2d DCA 1990). Thus, we affirm on this issue. Johnson may raise this claim in a Florida Rule of Criminal Procedure 3.850 motion. See Havis v. State, 555 So. 2d 417 (Fla. 1st DCA 1989). Johnson’s second and third issues are interrelated an…
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Saud Tarawneh and Ghada Tarawneh v. State, 562 So. 2d 770 (Fla. 4th DCA 1990)…ounsel. Appellants assert that this issue should be considered on direct appeal because the prejudice is apparent. See Fasano v. State, 548 So. 2d 1191 (Fla. 4th DCA 1989); Morgan v. State, 550 So. 2d 151 (Fla. 3d DCA 1989). But see Healey v. State, 556 So. 2d 488 (Fla. 2d DCA 1990). They maintain that their theories of defense were mutually antagonistic because Ghada claimed that she was acting out of fear of abuse by her husband. However, we note that the court warned defendants of a possible conflict at a…
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- Cumper v. State, 506 So. 2d 89 (Fla. 2d DCA 1987)