RONALD LAMAR WINGATE
v.
STATE OF FLORIDA, APPELLEE
[*493] PER CURIAM.
Appellant’s claim of ineffective assistance of counsel is not properly raised on direct appeal, particularly in light of the enactment of section 924.051, Florida Statutes (Supp.1996). See McKinney v. State, 579 So. 2d 80 (Fla.1991); Gibson v. State, 351 So. 2d 948 (Fla.1977); State v. Barber, 301 So. 2d 7 (Fla.1974); Dennis v. State, 696 So. 2d 1280 (Fla. 4th DCA 1997). We therefore affirm without prejudice to appellant bringing the claim in an appropriate proceeding under Florida Rule of Criminal Procedure 3.850.
We find the evidence sufficient to sustain appellant’s conviction for tampering with evidence. See State v. Jennings, 666 So. 2d 131 (Fla.1995); McKenzie v. State, 632 So. 2d 276 (Fla. 4th DCA 1994).
AFFIRMED.
ERVIN, BOOTH and BENTON, JJ., CONCUR.
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Sheena Latson v. State, 193 So. 3d 1070 (Fla. 1st DCA 2016)…ss they were preserved or fundamental. Following the enactment of section 924.051, this Court occasionally refused to- consider ineffective-assistance claims on direct appeal because they were inconsistent with the new statute. See Wingate v. State, 729 So. 2d 492, 493 (Fla. 1st DCA 1999) (finding an ineffective assistance claim' not properly raised on direct appeal in light of the enactment of section 924.051, Florida Statutes); Seccia v. State, 720 So. 2d 580, 582 (Fla. 1st DCA 1998), rev’d on other grounds…
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Mickey Kidd v. State, 978 So. 2d 868 (Fla. 4th DCA 2008)…924.051, Florida Statutes (Supp.1996), governing the terms and conditions of appeals and collateral review in criminal cases, appellate courts are even more reluctant to review an ineffective assistance claim on direct appeal. See Wingate v. State, 729 So. 2d 492, 493 (Fla. 1st DCA 1999)(finding appellant s ineffective assistance claim not properly raised on direct appeal in light of enactment of section 924.051, Florida Statutes (Supp.1996)); Dennis, 696 So. 2d at 1282 n. 1 (stating that this court would no…
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Mathis v. State, 204 So. 3d 104 (Fla. 1st DCA 2016)…of the record and affirming the appellant’s conviction and sentence without prejudice to the appellant raising his claim of ineffectiveness pursuant to rule 3.850); Adderly v. State, 132 So. 3d 1234, 1234 (Fla. 3d DCA 2014) (same); Wingate v. State, 729 So. 2d 492, 493 (Fla. 1st DCA 1999) (same). . While trial counsel made statements at trial representing that the victim disclosed the sexual abuse after the DNA results were received by the State, even if that were the case, the State did not charge appellant…
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
- State v. Barber, 301 So. 2d 7 (Fla. 1974)
- Boris McKINNEY v. State, 579 So. 2d 80 (Fla. 1991)
- Gibson v. State, 351 So. 2d 948 (Fla. 1977)
- Shawanna Dennis v. State, 696 So. 2d 1280 (Fla. 4th DCA 1997)
- McKENZIE v. State, 632 So. 2d 276 (Fla. 4th DCA 1994)
- State v. Darrel Jennings, 666 So. 2d 131 (Fla. 1995)
- Simmons v. State, 666 So. 2d 131 (Fla. 1995)