CARL D. BOND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court did not err in summarily denying the motion for post-conviction relief.
Bond appealed the summary denial of his motion for post-conviction relief, raising multiple issues of ineffective assistance of counsel, prosecutorial…
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W. SHARP, Judge.
Bond appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850 for post-conviction relief. In a lengthy, documented and well-researched order, the trial court dealt with the ten different issues Bond raises in this case. We affirm.
Bond has had generous review and access to the appellate process. Originally, he was convicted of two counts of committing a lewd act in the presence of a child. This court affirmed one conviction and remanded for resentencing. Bond v. State, 642 So. 2d 674 (Fla. 5th DCA 1994), cert. denied, 513 U.S. 1194, 115 S.Ct. 1260, 131 L.Ed.2d 140 (1995). On remand the trial court again sentenced Bond as an habitual offender on one count, but the written sentence erroneously reflected a sentence on both counts. This court struck the superfluous sentence and count. Bond v. State, 675 So. 2d 184 (Fla. 5th DCA), rev. denied, 684 So. 2d 1350 (Fla.1996). Bond then unsuccessfully filed a petition for all writs jurisdiction in the Florida Supreme Court. Bond v. Fifth District Court of Appeal, 699 So. 2d 1371 (Fla.1997).
In this proceeding, Bond alleges eight issues of ineffective assistance of trial counsel. We agree with the trial court that Bond failed to demonstrate sufficient prejudice under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) and Knight v. State, 394 So. 2d 997 (Fla.1981). Many of the issues raised could or should have been raised as errors on direct appeal. See Kelley v. State, 569 So. 2d 754 (Fla.1990); White v. Dugger, 565 So. 2d 700 (Fla.1990). Others are refuted by the record.
We also find that Bond’s claims of fundamental error concerning prosecutorial misconduct and improper jury instructions are without merit. These are also issues which could or should have been raised on direct appeal. See Harvey v. Dugger, 656 So. 2d 1253 (Fla.1995); Manley v. State, 705 So. 2d 691 (Fla. 5th DCA 1998).
AFFIRMED.
HARRIS and THOMPSON, JJ., concur.
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Lewis v. State, 143 So. 3d 998 (Fla. 4th DCA 2014)…a consensual encounter transformed into a stop without the requisite reasonable suspicion when the deputy placed his hands on the defendant. As such, the trial court erred in denying the motion to suppress. This case is similar to Copeland v. State, 717 So. 2d 83 (Fla. 1st DCA 1998). There, deputies were patrolling a high-crime area when they recognized two individuals, one of whom was Copeland. Id. at 84. The deputies spoke with them until one of the deputies noticed a bulge in Copeland’s pocket and squeez…
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Anhthuan Estevez v. State, 915 So. 2d 185 (Fla. 1st DCA 2005)…ld that "probable cause” for the purpose of evaluating a frisk after a stop is the equivalent of "reasonable belief.” State v. Webb, 398 So. 2d 820, 824-5 (Fla.1981); see Poole v. State, 639 So. 2d 96, 98 n. 3 (Fla. 5th DCA 1994); Copeland v. State, 717 So. 2d 83 (Fla. 1st DCA 1998).…
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B.L. v. State, 127 So. 3d 552 (Fla. 4th DCA 2012)…ividual’s person or possessions will also raise the level of restrictiveness. See United States v. Mendenhall, 446 U.S. 544, 554, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980); Stephens v. State, 656 So. 2d 531, 532 (Fla. 2d DCA 1995). In Copeland v. State, 717 So. 2d 83 (Fla. 1st DCA 1998), the First District found that a consensual encounter was ended and an investigatory stop began when an officer briefly grabbed Copeland’s jacket pocket, squeezing to feel what made up the visible bulge. Id. at 84-85. The court e…
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
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Knight v. State, 394 So. 2d 997 (Fla. 1981)
- Harvey v. Dugger, 656 So. 2d 1253 (Fla. 1995)
- Kelley v. State, 569 So. 2d 754 (Fla. 1990)
- White v. Dugger, 565 So. 2d 700 (Fla. 1990)
- Bond v. State, 675 So. 2d 184 (Fla. 5th DCA 1996)
- Christa Sims v. State, 642 So. 2d 674 (Fla. 5th DCA 1994)
- Manley v. State, 705 So. 2d 691 (Fla. 5th DCA 1998)
- Brookings v. Singletary, 513 U.S. 1194 (U.S. 1995)
- Slavin v. New York, 513 U.S. 1194 (U.S. 1995)