SCOTTIE LEE WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2003-07-23
No. 2D02-1306
FULMER and DAVIS, JJ., Concur.
850 So. 2d 624 Florida District Court of Appeal, Second District (2003) Positive Treatment
Cited by 4 cases
Opinion of the Court
KELLY, Judge.

KELLY, Judge.

In this direct appeal, Scottie Lee White challenges his judgment and sentence for second-degree murder. He alleges that he received ineffective assistance of counsel at trial. We affirm without prejudice to White’s right to file a motion for postcon-viction relief under Florida Rule of Criminal Procedure 3.850. See Corzo v. State, 806 So. 2d 642, 645 (Fla. 2d DCA 2002) (holding that an appellate court will consider a claim of ineffective assistance of counsel on direct appeal only in rare instances where counsel’s ineffectiveness is clearly apparent from the record, prejudice to the defendant is obvious, and no tactical explanation for the conduct can be conceived).

Affirmed.

FULMER and DAVIS, JJ., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Scottie McMULLEN v. State, 876 So. 2d 589 (Fla. 5th DCA 2004)
    …3 (Fla. 4th DCA 2004). Only in cases where the incompetence and ineffectiveness of counsel is apparent on the face of the record and prejudice to the defendant is obvious do appellate courts address this issue on direct appeal. Gore; White v. State, 850 So. 2d 624 (Fla. 2d DCA 2003); Noble v. State, 543 So. 2d 402 (Fla. 4th DCA 1989). We find that McMullen’s claims in this point fall into “the normal” category and thus we do not consider them on the merits. Second, McMullen contends that the trial judge depa…
  • Corvo v. State, 916 So. 2d 44 (Fla. 3d DCA 2005)
    …error which resulted in obvious prejudice to the Defendant, this claim of ineffective assistance of trial counsel is not cognizable on this direct appeal. The Defendant may bring this claim on a motion for post conviction relief. See White v. State, 850 So. 2d 624 (Fla. 2d DCA 2003) (affirming without prejudice to the defendant’s right to file a motion for post conviction relief pursuant to Florida Rule of Criminal Procedure 3.850). Second, we agree with the Defendant that his conviction for grand theft shou…

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