MITCHELL NEWKIRK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MITCHELL NEWKIRK, APPELLANT,
STATE OF FLORIDA, APPELLEE
898 So. 2d 228
Florida District Court of Appeal, Fourth District (2005)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Mitchell Newkirk seeks reversal on direct appeal of his habitual felony offender sentence. As grounds, he argues that the evidence of his predicate convictions was insufficient because the state failed to offer expert fingerprint analysis. The state had a fingerprint expert ready to testify at the sentencing hearing; the only reason the state did not call its expert was because defense counsel indicated no fingerprint analysis was necessary.
We affirm Newkirk’s sentence because defense counsel’s conduct at the hearing was tantamount to a concession that no error occurred. This is, of course, without prejudice to Newkirk filing a 3.850 motion for post-conviction relief.
Affirmed.
STONE, GROSS and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Newkirk v. State, 947 So. 2d 548 (Fla. 4th DCA 2006)…trial rule. Finally, he makes the curious claim that his trial counsel failed to file a notice of appeal, but the state attached a copy of the notice. This court entertained an appeal from the conviction and sentence. See [*550] Newkirk v. State, 898 So. 2d 228 (Fla. 4th DCA 2005). This claim is meritless. Affirmed. STEVENSON, C.J., and FARMER, J., concur.…