VAHTEICE KIRKMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANTOON, Judge.
The sole issue raised by the defendant is a claim of ineffective assistance of counsel based upon counsel’s failure to file a notice of alibi as required by Florida Rule of Criminal Procedure 3.200. The alleged claim of ineffectiveness of counsel is not apparent from the face of the record and therefore cannot be considered on direct appeal. Loren v. State, 601 So. 2d 271, 273 (Fla. 1st DCA 1992). Accordingly, we affirm the defendant’s judgment and sentence without prejudice to the defendant raising this claim of ineffective assistance of counsel on collateral review. See Mackey v. State, 687 So. 2d 974 (Fla. 4th DCA 1997).
AFFIRMED.
GOSHORN and HARRIS, JJ., concur.
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Bisson v. State, 696 So. 2d 504 (Fla. 5th DCA 1997)…05] In this ease, the record reflects that the state made no request for investigative costs, nor was there any documentation offered to support the assessment. Imposition of investigative costs under these circumstances is illegal. Walker v. State, 692 So. 2d 318 (Fla. 5th DCA 1997); Pazo v. State, 684 So. 2d 898 (Fla. 5th DCA 1996); Meyers v. State, 676 So. 2d 57 (Fla. 5th DCA 1996); Golden v. State, 667 So. 2d 933 (Fla. 2d DCA 1996). The state argues that section 924.051(3), Fla. Stat., which took effect…
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Thompson v. State, 764 So. 2d 630 (Fla. 1st DCA 2000)…ts where the deficient performance of counsel and the prejudice to the defendant are apparent on the face of the record. Blanco v. Wainwright, 507 So. 2d 1377, 1384 (Fla.1987); Rios v. State, 730 So. 2d 831, 832 (Fla. 3d DCA 1999); Kirkman v. State, 692 So. 2d 318 (Fla. 5th DCA 1997); Loren, 601 So. 2d at 273. Appellant argues that his case falls within this narrow exception allowing this court to address his claim of ineffective assistance of trial counsel, because both trial counsel’s deficient performance…
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Shedrian Lamont Kinsler v. State, 782 So. 2d 977 (Fla. 5th DCA 2001)…thers were simultaneously found in proximity to illegal drugs”); Salyers v. State, 705 So. 2d 1024, 1026 (Fla. 5th DCA 1998) (Fla.R.Crim.P.3.590(a), requiring motion for new trial to be made in a timely fashion, is jurisdictional); Kirkman v. State, 692 So. 2d 318 (Fla. 5th DCA 1997) (unless ineffectiveness of counsel is apparent from the face of the record, issue cannot be considered on direct appeal). THOMPSON, C.J., GRIFFIN, J., and ORFINGER, M., Senior Judge, concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Loren v. State, 601 So. 2d 271 (Fla. 1st DCA 1992)
- Oliver v. State, 687 So. 2d 974 (Fla. 4th DCA 1997)