STERLING CHILDERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We withdraw our per curiam opinion and substitute the following in its place.
Appellant challenges the trial court’s denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. The trial court denied the motion because: (1) defendant’s ineffective assistance of counsel claim was simply re-raising an issue already addressed on direct appeal; and (2) his challenge to the sufficiency of the evidence was an issue that should have been addressed on direct appeal. We affirm. Rule 3.850 does not provide a second chance to raise allegedly reversible error that was argued in the original appeal by re-raising it under the guise of an ineffective assistance of counsel claim. See Freeman v. State, 761 So. 2d 1055, 1067 (Fla.2000); Vazquez v. State, 653 So. 2d 486 (Fla. 5th DCA 1995).
Appellant’s challenge to the sufficiency of the evidence was an issue for direct appeal, and therefore not cognizable under rule 3.850. See Jones v. State, 699 So. 2d 809 (Fla. 1st DCA 1997); Williams v. State, 642 So. 2d 67 (Fla. 1st DCA 1994). The law is clear that where an issue could have been raised on direct appeal, it is not a proper subject for a rule 3.850 motion. See Koon v. Dugger, 619 So. 2d 246, 247 (Fla.1993); Armstrong v. State, 429 So. 2d 287 (Fla.1983).
Affirmed.
WARNER, C.J., POLEN and SHAHOOD, JJ., concur.
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Corzo v. State, 806 So. 2d 642 (Fla. 2d DCA 2002)…times further explained that an issue rejected on direct appeal may not simply be realleged as a claim of ineffective assistance of counsel. See, e.g., Freeman v. State, 761 So. 2d 1055, 1067 (Fla.2000); Medina, 573 So. 2d at 295; Childers v. State, 782 So. 2d 946, 947 (Fla. 4th DCA 2001). There are a few cases in which appellate courts have reversed a conviction or sentence on direct appeal based upon ineffective assistance of counsel. See, e.g., Stewart v. State, 420 So. 2d 862 (Fla.1982); Ross v. State, 72…
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Sterling Childers v. State, 909 So. 2d 462 (Fla. 4th DCA 2005)…ce store, and he was sentenced to consecutive thirty-year sentences with consecutive fifteen-year minimum mandatory sentences as a habitual offender. This court affirmed appeals and the denials of rule 3.850 motions in both cases. Childers v. State, 782 So. 2d 946, 947 (Fla. 4th DCA 2001); Childers v. State, 754 So. 2d 44 (Fla. 4th DCA 2000). Appellant argues that consecutive habitual offender sentences are improper in this case, because the two robberies should have been considered part of the same crimina…
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Bedford v. State, 970 So. 2d 935 (Fla. 4th DCA 2008)…after the judge read the questionable instruction, thus preserving the issue for appellate review. “The law is clear that where an issue could have been raised on direct appeal, it is not a proper subject for a rule 3.850 motion.” Childers v. State, 782 So. 2d 946, 947 (Fla. 4th DCA 2001); see also Koon v. Dugger, 619 So. 2d 246, 247 (Fla.1993); Armstrong v. State, 429 So. 2d 287, 288-89 (Fla.1983). Bedford alleges, instead, that the error was fundamental and thus can be raised at any time. Where an error is…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Freeman v. State, 761 So. 2d 1055 (Fla. 2000)
- Koon v. Dugger, 619 So. 2d 246 (Fla. 1993)
- Sampson Armstrong v. State, 429 So. 2d 287 (Fla. 1983)
- Williams v. State, 642 So. 2d 67 (Fla. 1st DCA 1994)
- Vazquez v. State, 653 So. 2d 486 (Fla. 5th DCA 1995)
- Jones v. State, 699 So. 2d 809 (Fla. 1st DCA 1997)
- Branham v. State, 699 So. 2d 809 (Fla. 1st DCA 1997)