JOSEPH FRANCIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JOSEPH FRANCIS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
686 So. 2d 785
Florida District Court of Appeal, Third District (1997)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The appeal from the denial of appellant’s motion for relief made pursuant to Florida Rule of Criminal Procedure 3.800 is affirmed without prejudice for him to pursue his administrative remedy. See Washington v. State, 662 So. 2d 1027 (Fla. 5th DCA 1995).
Affirmed.
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Citator
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Villavicencio v. State, 719 So. 2d 322 (Fla. 3d DCA 1998)…1993, and he was convicted. By motion for postconviction relief, he argued that his original trial counsel was ineffective for failing to move for discharge based on Agee. The trial court conducted an evidentiary hearing, see Villavicencio v. State, 686 So. 2d 785 (Fla. 3d DCA 1997), after which it denied the motion. Defendant has appealed. II. In order to obtain postconviction relief based on ineffective assistance of counsel, “the defendant must show that counsel’s representation fell below an objective s…
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Rodriguez v. State, 826 So. 2d 494 (Fla. 4th DCA 2002)…77,1082 (Fla. 4th DCA 1999)(quot-ing Melbourne v. State, 679 So. 2d 759, 764-65 (Fla.1996)). Because we find no clear error in the trial court’s ruling on the state’s peremptory challenge of prospective juror Cook, we affirm. See Hernandez v. State, 686 So. 2d 785, 736 (Fla. 2d DCA 1997)(noting that if the proponent of the strike presents “a genuine reason why [that] party would fear that a particular juror’s occupation would influence the juror’s reasoning and cause the juror to view the case unfavorably fro…
Authorities Cited
- Washington v. State, 662 So. 2d 1027 (Fla. 5th DCA 1995)