BOYD G. WILEY
v.
STATE

Fla. 5th DCA | 2018-01-08
No. 5D16-3659
Florida District Court of Appeal, Fifth District (2018)

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Holding

Direct appeal convictions affirmed without prejudice to filing a timely Rule 3.850 motion for postconviction relief raising ineffective assistance of trial counsel claims.


Headnotes

[1] Ineffective assistance of trial counsel claims are properly raised in a postconviction motion under Florida Rule of Criminal Procedure 3.850 rather than on direct appeal.

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Facts & Procedural History

Boyd Gene Wiley was convicted by jury in Putnam County Circuit Court and sentenced. He appealed his convictions raising ineffective assistance of tria…

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Opinion of the Court

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED BOYD GENE WILEY, Appellant, v. Case No. 5D16-3659 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 12, 2018 Appeal from the Circuit Court for Putnam County, Clyde E. Wolfe, Judge.

John N. Bogdanoff, of The Carlyle Appellate Law Firm, The Villages, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Boyd Gene Wiley appeals his convictions and sentences following a jury trial

arguing, in part, ineffective assistance of trial counsel. We affirm without prejudice to

Wiley filing a timely, facially sufficient motion for postconviction relief pursuant to Florida

Rule of Criminal Procedure 3.850. We express no opinion on the merits of any

postconviction motion filed.

AFFIRMED.

COHEN, C.J., BERGER and EISNAUGLE, JJ., concur.


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