LAWRENCE E. COWAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Lawrence E. Cowan’s attorney filed an appeal of Cowan’s sentencing on remand pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting that there is no arguable merit to the challenge of Cowan’s sentence. We agree and affirm the habitual offender sentence in this possession and delivery of cocaine case.
Additionally, Cowan filed a pro se brief in which he raised several issues that are procedurally barred because they could have been ruled upon in the original appeal. See Williams v. State, 686 So. 2d 615, 616 (Fla. 2d DCA 1996), review denied, 694 So. 2d 739 (Fla.1997). As to Cowan’s claim of ineffective assistance of counsel, that claim is not a cognizable issue on direct appeal. See Lawrence v. State, 691 So. 2d 1068, 1074 (Fla.), cert. denied, — U.S. —, 118 S.Ct. 205, 139 L.Ed.2d 141 (1997). However, Co-wan may raise this issue pursuant to a rule 3.850 motion, if he does so within two years of his judgment and sentence. See Fla. R.Crim. P. 3.850(b).
PARKER, C.J., and CAMPBELL and QUINCE, JJ., concur.
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Arteaga v. State, 246 So. 3d 533 (Fla. 2d DCA 2018)
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Harlan Hillenbrand v. State, 790 So. 2d 1153 (Fla. 2d DCA 2001)…ecause of counsel’s admission of guilt on behalf of Hillenbrand. Nixon, 758 So. 2d at 623. Ineffectiveness of counsel is an issue that is generally not cognizable on direct appeal. Lawrence v. State, 691 So. 2d 1068, 1074 (Fla.1997); Cowan v. State, 725 So. 2d 1153, 1154 (Fla. 2d DCA 1998). The issue is only reviewed on direct appeal if the ineffectiveness is apparent on the face of the record. Eure v. State, 764 So. 2d 798, 801 (Fla. 2d DCA 2000). Whether Hillenbrand consented to the trial strategy of couns…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Lawrence v. State, 691 So. 2d 1068 (Fla. 1997)
- Alfraedo Williams v. State, 686 So. 2d 615 (Fla. 2d DCA 1996)