TERRANCE MCCRAY
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2023-09-06
No. 23-0607
Florida District Court of Appeal, Third District (2023) Caution

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Holding

An ineffective assistance of counsel claim asserted on postconviction relief is procedurally barred when the issue was expressly addressed in the prior direct appeal opinion.


Headnotes

[1] A claim of ineffective assistance of counsel raised on postconviction relief is procedurally barred when an express decision on that issue appears in the prior direct app…

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Facts & Procedural History

Terrance McCray appealed from a circuit court decision on postconviction relief concerning ineffective assistance of counsel claims in his criminal ca…

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Opinion of the Court

PER CURIAM.

Affirmed. See Corzo v. State, 806 So. 2d 642, 645 (Fla. 2d DCA 2002) (explaining ineffective assistance of counsel claim on postconviction relief motion is procedurally barred when prior opinion on direct appeal expressly addresses issue of ineffective assistance of counsel); Wright v. State, 113 So. 3d 43, 44 (Fla. 2d DCA 2012) (“[Appellant] failed to provide any details regarding the allegedly foregone plea offer, which is required as part of the prejudice analysis in claims such as these.”); Griffin v. State, 866 So. 2d 1, 22 (Fla. 2003) (“[W]here individual claims of error alleged are either procedurally barred or without merit, the claim of cumulative error must fail.”); see also McCray v. State, 283 So. 3d 406, 408–09 (Fla. 3d DCA 2019) (hearing appellant’s ineffective assistance claim and finding it to be without merit).


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