MARY JEAN ROULHAC, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Although the trial court incorrectly found that appellant’s claims of ineffective assistance of trial counsel should have been raised on direct appeal, we affirm the denial of appellant’s Florida Rule of Criminal Procedure 3.850 motion because she failed to allege the prejudicial effect of counsel’s alleged ineffectiveness. See Gaskin v. State, 737 So. 2d 509, n. 13 (Fla.1999); Daniels v. State, 701 So. 2d 1222, 1223 (Fla. 1st DCA 1997); see also Robinson v. State, 393 So. 2d 33, 35 (Fla. 1st DCA 1981) (holding that, if a trial court’s order can be upheld under any theory revealed by the appellate record, affir-mance is proper even if the order was entered for a different or erroneous reason).
BOOTH, MINER and KAHN, JJ., CONCUR.
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Broderick Mongo v. State, 846 So. 2d 613 (Fla. 1st DCA 2003)…t addressed by the trial court. We, nevertheless, affirm because we ascertain from the appellate record that appellant’s petition fails to sufficiently allege the prejudicial effect of counsel’s ineffectiveness on appellant’s plea. Roulhac v. State, 746 So. 2d 1207 (Fla. 1st DCA 1999). Appellant entered a plea of nolo contendere to a charge of resisting an officer with violence and battery upon a law enforcement officer. The appellant was sentenced within the terms outlined by the plea agreement to five years…
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Gary v. State, 775 So. 2d 335 (Fla. 2d DCA 2000)…er counsel failed to object to the instruction, as Gary asserts, and, if so, whether this failure prejudiced Gary or whether it was a matter of trial strategy. We accordingly reverse the trial court’s order as to this claim only. See Poole v. State, 746 So. 2d 1207 (Fla. 1st DCA 1999)(reversing and remanding on claim that counsel was ineffective for failing to object to defective jury instruction where record failed to refute allegation that instruction omitted a necessary element of offense). On remand, the t…
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Poole v. State, 826 So. 2d 429 (Fla. 1st DCA 2002)…. Poole appealed and this court affirmed the denial of relief as to all issues except one, Poole’s allegation that his trial counsel rendered ineffective assistance when he failed to object to an allegedly erroneous jury instruction. Poole v. State, 746 So. 2d 1207 (Fla. 1st DCA 1999). This court found that the trial court had failed to specifically considered this issue and, because the record on appeal did not refute the claim, the cause was remanded. Id. On remand, the trial court again entered an order de…
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- Gaskin v. State, 737 So. 2d 509 (Fla. 1999)
- Robinson v. State, 393 So. 2d 33 (Fla. 1st DCA 1981)
- Daniels v. State, 701 So. 2d 1222 (Fla. 1st DCA 1997)