MICHELLE CONTRERAS
v.
THE STATE OF FLORIDA
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Convictions for trafficking in illegal narcotics, conspiracy to traffic in illegal narcotics, and use of a two-way communications device to commit trafficking are affirmed where no reversible error appears on direct appeal.
[1] Unpreserved claims of ineffective assistance of counsel cannot be raised or result in reversal on direct appeal absent a showing of fundamental error; such claims must be…
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Join FLexlaw to unlock all legal intelligenceMichelle Contreras was convicted in Miami-Dade County Circuit Court of trafficking in illegal narcotics, conspiring to traffic in illegal narcotics, a…
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MILLER, J.
Appellant, Michelle Contreras, challenges her convictions and sentences for trafficking in illegal narcotics, conspiring to traffic in illegal narcotics, and use of a two-way communications device to commit the trafficking offense. Discerning no reversible error, we affirm without prejudice to raising the issue of ineffective assistance of counsel in a timely motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. See Steiger v. State, 328 So. 3d 926, 929 (Fla. 2021) (holding “unpreserved claims of ineffective assistance of counsel cannot be raised or result in reversal on direct appeal” absent a showing of fundamental error); see also Britton v. State, 414 So. 2d 638, 639 (Fla. 5th DCA 1982) (“[T]he order of presentation of evidence and witnesses is largely a function of the trial court’s discretion; this discretion is broad enough to allow the state to introduce, after the defendant’s case, evidence not strictly in rebuttal, so long as the evidence was admissible in the main case.”); Lewis v. State, 711 So. 2d 205, 208 (Fla. 3d DCA 1998) (concluding prosecutor’s comments during closing arguments that bolstered victim testimony and attacked defense counsel were harmless error given overwhelming evidence of defendant’s guilt).
Affirmed.
2
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Citator
Cited By (13 total)
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Melendez v. State, 339 So. 3d 498 (Fla. 2d DCA 2022)…fter sentencing. Although this argument may have been valid at the time Melendez filed his initial brief, see Lowrey v. State, 22 So. 3d 745, 747 (Fla. 2d DCA 2009), during the pendency of this appeal, the Florida Supreme Court in Steiger v. State, 328 So. 3d 926, 932 (Fla. 2021), addressed claims of ineffective assistance raised on direct appeal and held: Based on the plain language of section 924.051(3), [Florida Statutes (2020),] an unpreserved error may only be raised and result in reversal on direct app…
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Airon Douglas Carmack v. State, 350 So. 3d 109 (Fla. 1st DCA 2024)…laim that his counsel failed to introduce an alibi witness constitutes a claim of ineffective assistance of counsel, which cannot be raised on direct appeal unless the appellant demonstrates that fundamental error occurred. Steiger v. State, 2 328 So. 3d 926, 932 (Fla. 2021). Fundamental error is error that “reach[es] down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error.” Knight v. State, 286 So. 3d…
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Goodwin v. State, 296 So. 3d 962 (Fla. 1st DCA 2022)…PER CURIAM. AFFIRMED. See Joseph v. State, 296 So. 3d 962 (Fla. 1st DCA 2020) (holding that trial court did not abuse its discretion in refusing to strike jury panel based on comments from prospective juror); see also Steiger v. State, 328 So. 3d 926 (Fla. 2021) (holding that unpreserved claims of ineffective assistance of trial counsel cannot be raised on direct appeal unless fundamental error is shown). ROBERTS, RAY, and BILBREY, JJ., concur. _____________________________ Not final until d…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lewis v. State, 711 So. 2d 205 (Fla. 3d DCA 1998)
- Britton v. State, 414 So. 2d 638 (Fla. 5th DCA 1982)