ALBERTO SOLER, APPELLANT, PETITIONER,
v.
HARRY K. SINGLETARY, JR., SECRETARY, DEPARTMENT OF CORRECTIONS AND THE STATE OF FLORIDA, APPELLEE/RESPONDENT

Fla. 3d DCA | 1993-12-14
Nos. 93-0927, 93-1221
Before BARKDULL, BASKIN and GERSTEN, JJ.
629 So. 2d 248 Florida District Court of Appeal, Third District (1993)

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Holding

The court held that the claims raised in the motion for postconviction relief and the petition for writ of habeas corpus were either legally insufficient or procedurally barred.


Facts & Procedural History

Alberto Soler appealed an order denying postconviction relief and filed a petition for writ of habeas corpus alleging ineffective assistance of counse…

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Opinion of the Court
PER CURIAM.

[*249] PER CURIAM.

Appellant/Petitioner Alberto Soler, appeals an order denying postconviction relief and filed a petition for writ of habeas corpus alleging ineffective assistance of appellate counsel. We affirm.

The claims raised in Soler’s motion for postconviction relief either could have and should have been raised on direct appeal, or are legally insufficient to establish ineffective assistance of trial counsel. Swafford v. Dugger, 569 So. 2d 1264 (Fla.1990); Lambrix v. State, 559 So. 2d 1137, 1138 (Fla.1990); Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Pope v. State, 569 So. 2d 1241, 1245 (Fla.1990).

Turning our focus to Soler’s claims raised in the petition for writ of habeas corpus, we conclude they are either procedurally barred or are legally insufficient to establish ineffective assistance of appellate counsel. King v. Dugger, 555 So. 2d 355 (Fla.1990); Suarez v. Dugger, 527 So. 2d 190, 193 (Fla.1988).

Accordingly, the order denying postconviction relief is affirmed and the petition for writ of habeas corpus is denied.

Affirmed.


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