TRACY L. COLLIER, A/K/A WALTER L. BUFFKIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the conviction and sentence, finding no reversible error in the trial court record and directing the appellant to pursue ineffective assistance of counsel claims through post-conviction relief procedures.
A conviction and sentence are affirmed where independent appellate review discloses no error warranting reversal, and ineffective assistance of counsel claims must be raised in post-conviction relief proceedings rather than on direct appeal.
[1] Ineffective assistance of counsel claims arising during trial must be raised in post-conviction relief proceedings under Florida Rule of Criminal Procedure 3.850 rather t…
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Join FLexlaw to unlock all legal intelligenceAppellant Tracy L. Collier, also known as Walter L. Buffkin, was convicted and sentenced. During trial, appellant expressed dissatisfaction with his c…
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PER CURIAM.
Appellant’s court-appointed counsel has filed a brief in accordance with the dictates of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), stating that upon review of the statement of judicial acts to be reviewed filed by appellant’s trial counsel, and after research and analysis of applicable law, counsel is unable to argue in good faith that reversible error occurred in the trial court. Athough authorized to do so, appellant has not filed a brief on his own behalf.
Our independent review of the record in accordance with State v. Causey, 503 So. 2d 321 (Fla.1987), has disclosed no error warranting reversal of the judgment and sentencing disposition in this cause. Athough the record reflects appellant was dissatisfied with the services of his court-appointed counsel, each time the trial court conducted an inquiry into appellant’s complaints, appellant agreed to his attorney’s continued representation. Appellant’s remedy, if any, is to raise his ineffective assistance of counsel claims in a motion for post-conviction relief, pursuant to Florida Rule of Criminal Procedure 3.850.
Accordingly, this cause is affirmed without prejudice to appellant’s right to file a rule 3.850 motion for post-conviction relief.
JOANOS, LAWRENCE and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- State v. Causey, 503 So. 2d 321 (Fla. 1987)