CLAUDE EZELL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that trial counsel cannot be ineffective for failing to object to or exclude evidence that was properly admitted at trial.
Appellant was convicted of cocaine trafficking and appealed the denial of a motion for post-conviction relief. The motion alleged ineffective assistan…
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PER CURIAM.
Appellant seeks review of the trial court’s denial of a rule 3.850 motion.
Appellant was convicted of trafficking in cocaine pursuant to Fla.Stat. 893.153(l)(b) and this court affirmed. See Ezell v. State, 634 So. 2d 633 (Fla. 3d DCA 1994). By this motion appellant alleges that trial counsel was ineffective in that counsel failed to object to, and exclude evidence that he had a large amount of money in his possession at the time of arrest.
The evidence was properly admitted at trial. See Williams v. State, 538 So. 2d 73 (Fla. 4th DCA 1989); Thomas v. State, 564 So .2d 1263 (Fla. 3d DCA 1990).1 “Further, defendant’s possession of cash was nonexpert evidence the jury was free to consider, along with the other competent evidence such as the amount, condition, sources, and given reasons for carrying the currency, in common sense resolution of the disputed issue.” Lowder v. State, 589 So. 2d 933, 936 (Fla. 3d DCA), cause dismissed, 598 So. 2d 78 (Fla.1992) (citation omitted).
Since the evidence was admissible at trial, appellant’s counsel simply could not have been ineffective for failing to exclude same. See and compare Way v. Dugger, 568 So. 2d 1263 (Fla.1990).
Affirmed.
. We are aware of the holdings in Barrett v. State, 605 So. 2d 560 (Fla. 4th DCA 1992) and Lowder v. State, 589 So. 2d 933 (Fla. 3d DCA) cause dismissed 598 So. 2d 78 (Fla.1992) and hold that this case is distinguishable on the facts in that there was a nexus between the arrest and the money, and that the state did not use the evidence to support expert testimony.
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Randell Holmes v. State, 710 So. 2d 651 (Fla. 4th DCA 1998)…e charge of simple possession of 1.6 grams of cocaine, in this case the cash was relevant to corroborate appellant’s statement that he had been given cash by someone in Jacksonville to buy a large amount of cocaine in Miami. See also Ezell v. State, 648 So. 2d 1257 (Fla. 3d DCA 1995). As to the remaining issue, we observe that Officer Lumpkin’s stop of the vehicle was at the direction of Trooper Coker, who was within his authority to make a stop for a traffic infraction. See Sims v. State, 425 So. 2d 563, 568…
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Cole v. State, 35 So. 3d 173 (Fla. 2d DCA 2010)…y Mr. Cole. The postconviction court properly denied this claim as facially insufficient because Mr. Cole did not provide sufficient information about the proposed motions to determine whether counsel’s performance was deficient. See Ezell v. State, 648 So. 2d 1257, 1258 (Fla. 3d DCA 1995) (holding that the defendant could not show deficient performance if the evidence the defendant claims counsel should have sought to exclude was admissible). However, in light of the recent opinion in Spera v. State, 971 So.…
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Dixon v. State, 652 So. 2d 413 (Fla. 3d DCA 1995)…PER CURIAM. Affirmed. See and compare Way v. Dugger, 568 So. 2d 1263 (Fla.1990); Eutzy v. State, 541 So. 2d 1143 (Fla.1989); Gorham v. State, 521 So. 2d 1067 (Fla.1988); Ezell v. State, 648 So. 2d 1257 (Fla. 3d DCA 1995).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lowder v. State, 589 So. 2d 933 (Fla. 3d DCA 1991)
- Williams v. State, 538 So. 2d 73 (Fla. 4th DCA 1989)
- WAY v. Dugger, 568 So. 2d 1263 (Fla. 1990)
- Barrett v. State, 605 So. 2d 560 (Fla. 4th DCA 1992)
- Oliver v. State, 564 So. 2d 1263 (Fla. 3d DCA 1990)