LAWRENCE FITZGILES CARTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2006-06-06
No. 5D05-4068
SHARP, W., GRIFFIN and ORFINGER, JJ., concur.
937 So. 2d 144 Florida District Court of Appeal, Fifth District (2006) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See State v. Causey, 503 So. 2d 321 (Fla.1987).

SHARP, W., GRIFFIN and ORFINGER, JJ., concur.


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  • Johnson v. State, 3 So. 3d 412 (Fla. 3d DCA 2009)
    …amental error and may be raised on direct appeal. See F.B. v. State, 852 So. 2d 226 (Fla.2003). The State contends that the defendant could have, and should have, raised the issue on direct appeal. We rejected that exact argument in Cueto v. State, 937 So. 2d 144, 145-46 (Fla. 3d DCA 2006), review denied, 952 So. 2d 1189, 952 So. 2d 1191 (Fla.2007). As already stated, the Bruno decision holds that “[a]s a rule, he or she can only raise an ineffectiveness claim via a rule 3.850 motion, even if the same underl…
  • Cueto v. State, 979 So. 2d 1113 (Fla. 3d DCA 2008)
    …ically directing the trial court either to conduct an evidentiary hearing on the issue of defense counsel’s failure to request a judgment of acquittal or to attach those portions of the record conclusively refuting Defendant’s claim. Cueto v. State, 937 So. 2d 144 (Fla. 3d DCA 2006). The trial court subsequently issued an order again denying Defendant’s motion for postconviction relief without holding an evidentiary hearing. The trial court’s order stated that after reviewing the trial transcript, specifical…

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