FRED D. LARABEE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
FRED D. LARABEE, PETITIONER,
STATE OF FLORIDA, RESPONDENT
920 So. 2d 59
Florida District Court of Appeal, Fifth District (2005)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We deny the petition without prejudice to petitioner to file a notice of expiration of speedy trial, thereby triggering the recapture provisions of Florida Rule of Criminal Procedure 3.191(p). See State v. B.S.S., 890 So. 2d 487 (Fla. 5th DCA 2004).
WRIT DENIED.
GRIFFIN, THOMPSON and TORPY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bradberry v. State, 922 So. 2d 457 (Fla. 4th DCA 2006)…occurred during the prosecutor’s closing argument. With rare exceptions, ineffective assistance of trial counsel claims should be raised on a motion for post-conviction relief. Gore v. State, 784 So. 2d 418, 438 (Fla.2001); see also Owens v. State, 920 So. 2d 59 (Fla. 4th DCA 2005) (noting that claims of ineffective assistance of counsel are generally not cognizable on direct appeal). Only when the claims of error are apparent on the face of the record may they be brought on direct appeal. See Owens v. Stat…
-
E.T. v. State of Fla. & Dep't OF Child. & Families, 930 So. 2d 721 (Fla. 4th DCA 2006)…71, 575 (2002). As repeatedly acknowledged in the criminal context, the record in a direct appeal is often insufficient to review a claim of ineffective assistance of counsel. See, e.g., Gore v. State, 784 So. 2d 418, 437 (Fla.2001); Owens v. State, 920 So. 2d 59 (Fla. 4th DCA 2005); Cumper v. State, 506 So. 2d 89 (Fla. 2d DCA 1987). This is especially so where the claim is based on counsel’s failure to investigate or call witnesses, or some other omission. Counsel’s omissions are often inadequately represen…
Authorities Cited
- State v. B.S.S., 890 So. 2d 487 (Fla. 5th DCA 2004)