RICHARD HENRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Richard Henry appeals the dismissal of his Rule 3.850 motion for postconviction relief raising claims of prosecutorial misconduct, trial court error, constitutional violations, and ineffective assistance of counsel. The court affirms the dismissal but allows Henry to file a new ineffective assistance of counsel motion within thirty days due to the expiration of the two-year filing deadline during the appeal.
Prosecutorial misconduct and trial court error claims should have been raised on direct appeal and were waived by Henry's guilty plea. Ineffective assistance of counsel claims are cognizable in Rule 3.850 motions, but Henry's claims were facially insufficient. However, Henry is permitted to file a new, facially sufficient Rule 3.850 motion within thirty days of the court's mandate despite the two-year filing deadline having expired during the appeal.
[1] Claims of prosecutorial misconduct and trial court error must be raised on direct appeal.
[2] A guilty plea waives claims relating to alleged deprivations of constitutional rights that occurred prior to the entry of the plea, unless the right to appeal is reserved…
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Join FLexlaw to unlock all legal intelligence“Henry's claims of prosecutorial misconduct and trial court error should have been raised on direct appeal.”
Establishes that certain claims are procedurally barred and must be raised at the direct appeal stage, not in postconviction motions.
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Join FLexlaw to unlock all legal intelligenceRichard Henry entered a guilty plea and subsequently filed a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The moti…
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[*29] PER CURIAM.
Richard Henry appeals the summary dismissal of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Henry’s motion raised numerous claims for relief involving prosecutorial misconduct, trial court error, deprivations of his constitutional rights, and ineffective assistance of counsel. We affirm.
Henry’s claims of prosecutorial misconduct and trial court error should have been raised on direct appeal. See Brown v. State, 894 So. 2d 137, 145 (Fla. 2004) (holding that claims of prosecutorial misconduct should be raised on direct appeal); Sampson v. State, 845 So. 2d 271, 272 (Fla. 2d DCA 2003) (holding that claims of trial court error should be raised on direct appeal). Based on the limited record, it does not appear that Henry reserved the right to appeal any claims and, therefore, Henry’s guilty plea waived any claims relating to alleged deprivations of his constitutional rights that occurred pri-or to the entry of his guilty plea. See Robinson v. State, 373 So. 2d 898 (Fla. 1979).
The postconviction court erroneously concluded that Henry’s ineffective assistance of counsel claims should have been raised on direct appeal and, therefore, were not cognizable in a rule 3.850 motion. See Meeks v. State, 382 So. 2d 673, 675 (Fla.1980) (noting a claim of ineffective assistance of counsel is an appropriate ground for a rule 3.850 motion). However, we affirm the postconviction court’s ruling on Henry’s ineffective assistance of counsel claims because they are facially insufficient. See Warner v. State, 916 So. 2d 879 (Fla. 2d DCA 2005). Our affirmance is without prejudice to Henry’s right to file a facially sufficient rule 3.850 motion. Because the two-year limit for filing rule 3.850 motions expired while this appeal was pending and the postconviction court’s order did not indicate Henry could refile a facially sufficient rule 3.850 motion, we direct that Henry may file another rule 3.850 motion within thirty days of the date of this court’s mandate. See Lewis v. State, 777 So. 2d 1083 (Fla. 2d DCA 2001). The postconviction court shall not deem it untimely or successive based upon the motion Henry filed in this proceeding.
Affirmed.
CASANUEVA, KELLY, and WALLACE, JJ., Concur.
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Cited By (33 total)
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Renard Nealie Williams v. State, 134 So. 3d 975 (Fla. 1st DCA 2012)…ible error. In his pro se brief, Appellant raised issues that are either not cognizable on direct appeal or were waived by pleading no contest without expressly reserving the claim. Bruno v. State, 807 So. 2d 55, 63 n. 14 (Fla.2001); Henry v. State, 933 So. 2d 28, 29 (Fla. 2d DCA 2006). We write only to address the competency issue. Having pled no contest, Appellant is limited as to the issues he can raise on direct appeal. Robinson v. State, 373 So. 2d 898, 902 (Fla.1979). A defendant who pleads no contest…
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Theron Speights v. State, 202 So. 3d 420 (Fla. 2d DCA 2009)…13); Doby v. State, 25 So. 3d 598 (Fla. 2d DCA 2009); Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 2009); Speights v. State, 11 So. 3d 953 (Fla. 2d DCA 2009) (table decision); Valdez-Garcia v. State, 965 So. 2d 318 (Fla. 2d DCA 2007); Henry v. State, 933 So. 2d 28 (Fla. 2d DCA 2006); Steward v. State, 931 So. 2d 133 (Fla. 2d DCA 2006); Shortridge v. State, 884 So. 2d 321 (Fla. 2d DCA 2004); Speights v. State, 875 So. 2d 620 (Fla. 2d DCA 2004) (table decision); Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002…
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Hines v. State, 147 So. 3d 53 (Fla. 2d DCA 2014)…PER CURIAM. Affirmed. See Melvin v. State, 645 So. 2d 448 (Fla.1994); State v. Waters, 436 So. 2d 66 (Fla.1983); Henry v. State, 933 So. 2d 28 (Fla. 2d DCA 2006). KHOUZAM, MORRIS, and SLEET, JJ., Concur.…
Previewing 3 of 33 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Meeks v. State, 382 So. 2d 673 (Fla. 1980)
- Brown v. State, 894 So. 2d 137 (Fla. 2004)
- Thearon Sampson v. State, 845 So. 2d 271 (Fla. 2d DCA 2003)
- Lewis v. State, 777 So. 2d 1083 (Fla. 2d DCA 2001)
- Warner v. State, 916 So. 2d 879 (Fla. 2d DCA 2005)