LARRY JENKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A claim that the trial court failed to conduct an adequate inquiry into a defendant's request to discharge counsel is cognizable on direct appeal, not in a motion for postconviction relief.
Larry Jenkins appealed the summary denial of his motion for postconviction relief, alleging ineffective assistance of counsel. His motion claimed the …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Nelson Inquiry cases and more on FLexlaw
BLUE, Acting Chief Judge.
Larry Jenkins appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Jenkins raised three claims of ineffective assistance of counsel. We affirm and write to address only one claim.
Jenkins alleged that he received ineffective assistance of counsel because the trial court failed to conduct an adequate inquiry under Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973). The trial court denied relief, finding that Jenkins’ pro se motion to discharge his attorney was ambiguous and merely expressed a general dissatisfaction with his attorney. The trial court attached a copy of Jenkins’ pro se motion to dismiss counsel, but this attachment does not support the trial court’s finding. Although the copy is barely legible, Jenkins’ motion alleged that defense counsel failed to file motions in the case and failed to provide copies of charging and discovery materials.
We affirm the denial of relief on this claim because this court has held that “[wjhether or not the trial court erred in denying defendant’s request for a discharge of counsel by failing to follow the proper procedures as required by the case law could have been determined from the record on direct appeal.” State v. Green, 476 So. 2d 321, 322 (Fla. 2d DCA 1985). Therefore, the claim is not cognizable in a rule 3.850 motion. Id.; Fla. R.Crim. P. 3.850(c) (“This rule does not authorize relief based on grounds that could have or should have been raised at trial and, if properly preserved, on direct appeal of the judgment and sentence.”). Cf. Downs v. State, 740 So. 2d 506 (Fla.1999) (holding that whether trial court failed to conduct adequate inquiry under Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), should be raised on direct appeal, not in postconviction motion).
Affirmed.
FULMER and GREEN, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Savage v. State, 832 So. 2d 807 (Fla. 2d DCA 2002)…court lacked jurisdiction to enter a conviction and sentence because he established his affirmative defense that the structure was open to the public. This is a direct appeal issue and not cognizable in a rule 3.850 proceeding. See Jenkins v. State, 794 So. 2d 654 (Fla. 2d DCA 2001). In his motion for rehearing, which was denied by the trial court, Savage argued that the issue could not be raised on appeal because his attorney did not preserve it. [*809] Savage’s first claim was restated in his second claim.…
-
Jenkins v. State, 882 So. 2d 1049 (Fla. 5th DCA 2004)…01, Jenkins filed a motion for post conviction relief pursuant to Florida Rule of Criminal Procedure 3.850 raising three claims of ineffective assistance of counsel. The Second District affirmed the summary denial of that motion in Jenkins v. State, 794 So. 2d 654 (Fla. 2d DCA 2001), rev. [*1050] denied, 819 So. 2d 135 (Fla.2002). In addressing one of his ineffective assistance claims, the court held that the claim could have been raised on direct appeal. Id. In the instant action, Jenkins filed a petition f…
-
Mourra v. State, 884 So. 2d 316 (Fla. 2d DCA 2004)…re also grounds for relief under rule 3.850. It has long been the rule that a prisoner may not raise an issue in a motion filed pursuant to rule 3.850 if the matter was or could have been raised on direct appeal. See rule 3.850(c); Jenkins v. State, 794 So. 2d 654 (Fla. 2d DCA 2001); Jones v. State, 832 So. 2d 207, 208 (Fla. 1st DCA 2002). Thus, although the case law is not well developed, the creation of rule 3.170(2) may significantly limit the issues that can be raised under rule 3.850 regarding the withdr…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Faretta v. California, 422 U.S. 806 (U.S. 1975)
- Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973)
- Downs v. State, 740 So. 2d 506 (Fla. 1999)
- State v. Green, 476 So. 2d 321 (Fla. 2d DCA 1985)