KELVIN TOLLIVER, ET AL., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed convictions for armed robbery, holding that defendants' ineffective assistance of counsel claims raised on direct appeal do not preclude them from pursuing post-conviction relief on those same claims.
Defendants' ineffective assistance of counsel claims raised on direct appeal do not preclude them from later pursuing post-conviction relief on those claims.
[1] Ineffective assistance of counsel claims raised on direct appeal do not preclude defendants from pursuing post-conviction relief on those claims, as such claims are ordin…
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Join FLexlaw to unlock all legal intelligenceKelvin Tolliver and Diamond Williams were convicted by jury of armed robbery and sentenced by the trial court.…
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In this consolidated appeal, Kelvin Tol-liver and Diamond Williams (defendants) appeal their judgments and sentences which were entered by the trial court after a jury found the men guilty of committing the crime of armed robbery. Finding no reversible error, we affirm.
We write to address concerns arising from statements made by counsel during oral argument indicating that an affir-mance by this court in this matter might be used to later argue that the defendants are not entitled to pursue post-conviction relief for alleged ineffective assistance of counsel claims due to the fact that such claims were raised in this direct appeal. Such is not the case. Although the defendants raised claims of ineffective assistance of counsel in this direct appeal, the record evidence is insufficient to allow us to rule on said claims. However, the defendants are not precluded by this opinion from raising their claims through a properly filed post-conviction motion because such claims are ordinarily raised in a motion for post-conviction relief and it is the rare case where such a claim can be disposed of on direct appeal. See Smith v. State, 998 So.2d 516 (Fla.2008).
AFFIRMED.
ORFINGER, J. and THOMPSON, JR., E., Senior Judge, concur.
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Citator
Cited By
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Vanauken v. State, 51 So. 3d 1186 (Fla. 5th DCA 2010)…of ineffective assistance of counsel are not cognizable on direct appeal and can only be raised in a postconviction motion under Florida Rule of Criminal Procedure 3.850. See, e.g., Smith v. State, 998 So. 2d 516, 522 (Fla.2008); Tolliver v. State, 10 So. 3d 1199 (Fla. 5th DCA 2009). On remand, the trial court shall conduct an evidentiary hearing on claim five. We affirm the summary denial of claims eleven and twelve, but direct the trial court to permit Appellant to amend claim twelve. See Spera v. State,…
Authorities Cited
- Smith v. State, 998 So. 2d 516 (Fla. 2008)