BRANDON BURKS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2011-03-30
No. 3D09-2348
Before RAMIREZ, C.J., and SHEPHERD, J, and SCHWARTZ, Senior Judge.
57 So. 3d 972 Florida District Court of Appeal, Third District (2011) Positive Treatment
Cited by 2 cases
Topics
Cognizable On Direct Appeal Ineffective Assistance Of Counsel

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant Brandon Burks argues in this appeal that defense counsel’s failure to object and move for a mistrial when the prosecutor asked the arresting officer whether the defendant made any statements when he had not, constituted ineffective assistance of counsel cognizable on direct appeal. For a claim to be cognizable on direct appeal, the ineffectiveness must be apparent on the face of the record, such that “it would be a waste of judicial resources to require the trial court to address the issue.” Blanco v. Wainwright, 507 So.2d 1377, 1384 (Fla.1987); see also Eure v. State, 764 So.2d 798, 801 (Fla. 2d DCA 2000). We do not agree that the one question and answer, although clearly improper, rises to that level, where it was never repeated nor referred to in the State’s closing argument.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Burks v. State, 237 So. 3d 1060 (Fla. 3d DCA 2017)
    …e that. For some reason it comes back on appeal as to P.R.R. ot [sic] being valid, then obviously, we will look at the 25 min. mand. to possibly life at 10, 20. This Court affirmed Burks's convictions and sentences on direct appeal. Burks v. State, 57 So. 3d 972 (Fla. 3d DCA 2011). In October 2016, Burks filed the instant 3.800(a) motion arguing that his sentence [*1062] on the attempted first degree murder with a firearm conviction was illegal because the trial court failed to impose the statutory twenty-…
  • Burks v. State, 283 So. 3d 864 (Fla. 3d DCA 2019)
    …fe’ statute,” finding an additional, concurrent term to be redundant. Mendenhall v. State, 48 So. 3d 740, 742 (Fla. 2010) (citation omitted). This court subsequently affirmed Burk’s convictions and sentences on direct appeal. See Burks v. State, 57 So. 3d 972 (Fla. 3d DCA 2011) (“Burks I”). Burks then sought to correct his sentence, through Florida Rule of Criminal Procedure 3.800, contending that the trial court erred in failing to impose the 10-20-Life minimum mandatory. This Court agreed and remande…

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