FREDERICK JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Ineffective Assistance Of Counsel cases and more on FLexlaw
POLEN, C.J.
On this direct appeal Frederick Jones raises a claim of ineffective assistance of counsel for the first time. Where an appellant raises ineffective assistance of counsel for the first time on direct appeal, as Jones has here, this court’s ability to review such claim is quite limited. Specifically, ineffective assistance of counsel will only be addressed on direct appeal for the first time when the facts giving rise to the claim are apparent on the face of the record, a conflict of interest is shown, or prejudice to the defendant is shown. Fones v. State, 765 So. 2d 849 (Fla. 4th DCA 2000).
None of the aforementioned conditions have been satisfied in the instant case and accordingly Jones’s conviction and sen tence are affirmed on this direct appeal without prejudice to-file a 3.8501 motion for postconviction relief. We find the additional points raised on appeal unpersuasive and affirm.
AFFIRMED.
STEVENSON and TAYLOR, JJ., concur. . Fla. R.Crim. P. 3.850.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Finkley v. State, 16 So. 3d 329 (Fla. 4th DCA 2009)…. 2d at 41. The defendant also argues in this direct appeal that his trial counsel was ineffective. On that argument, we affirm because the defendant has not shown any basis to raise ineffectiveness of counsel on direct appeal. See Jones v. State, 815 So. 2d 772, 772 (Fla. 4th DCA 2002) (“[Un-effective assistance of counsel will only be addressed on direct appeal for the first time when the facts giving rise to the claim are apparent on the face of the record, a conflict of interest is shown, or prejudice t…
-
Agatheas v. State, 28 So. 3d 204 (Fla. 4th DCA 2010)…his trial counsel was ineffective for failing to object to the introduction of the .45 caliber revolver and the other contents of his backpack, and that the facts giving rise to this claim are apparent on the face of the record. See Jones v. State, 815 So. 2d 772, 772 (Fla. 4th DCA 2002) (“[Ineffective assistance of counsel will only be addressed on direct appeal for the first time [*207] when the facts giving rise to the claim are apparent on the face of the record, a conflict of interest is shown, or preju…
-
Baker v. State, 937 So. 2d 297 (Fla. 4th DCA 2006)…s, 953 F. 2d 1312, 1327 (11th Cir.1992), superseded by statute on other grounds, 18 U.S.C.S. app. 1B1.3 (2006). Such cases are usually resolved in post-conviction Rule 3.850 proceedings, where an eviden-tiary hearing may be held. See Jones v. State, 815 So. 2d 772, 772 (Fla. 4th DCA 2002); Fla. R.Crim. P. 3.850 (2006). In the instant case, the facts giving rise to Baker’s claim are not apparent from the record. The reasons for his counsel’s alleged failure to investigate possible gaps in the video evidence ar…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fones v. State, 765 So. 2d 849 (Fla. 4th DCA 2000)