DAVID RAY WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant was tried and convicted of breaking and entering with intent to commit larceny and with larceny of an air jack. He has raised two points on appeal for this court to consider. The first is the insufficiency of the evidence to sustain defendant’s conviction and the second is ineffective assistance of counsel. As to the first point, we hold there was substantial evidence presented at trial to convict the defendant of the crimes charged. The second point on appeal, ineffective assistance of counsel, may not be properly raised before this court for the first time on direct appeal when it was not ruled upon by the trial court. State v. Barber, 301 So. 2d 7 (Fla.1974).
However, this opinion should not be construed as prohibiting defendant from raising this argument before the trial court by the proper vehicle of a Fla.R.Crim.P. 3.850 motion.
IT IS SO ORDERED.
McCORD, C. J., and BOYER and MELVIN, JJ., concur.
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Lepper v. State, 431 So. 2d 295 (Fla. 1st DCA 1983)…PER CURIAM. Appellant’s conviction and sentence is affirmed without prejudice to his right to seek relief pursuant to Fla.R.Crim.P. 3.850. See Williams v. State, 350 So. 2d 1140 (Fla. 1st DCA 1977); Sawyer v. State, 401 So. 2d 939 (Fla. 1st DCA 1981). ERVIN, WENTWORTH and NIMMONS, JJ., concur.…
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Gilvin v. State, 429 So. 2d 1355 (Fla. 1st DCA 1983)…ourt, being raised for the first time by this appeal. We therefore decline to address those issues, and affirm the conviction and sentence without prejudice to appellant’s right to seek relief pursuant to Fla.R. Crim.P. 3.850. See Williams v. State, 350 So. 2d 1140 (Fla. 1st DCA 1977); Sawyer v. State, 401 So. 2d 939 (Fla. 1st DCA 1981). Affirmed. ERVIN and NIMMONS, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). . Because we grant no relief, we do not address the p…
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BIR v. State, 405 So. 2d 1073 (Fla. 1st DCA 1981)…dice to appellant raising his argument of ineffective assistance of counsel, a point which was not ruled upon by the trial court, by way of a motion for post conviction relief, pursuant to Florida Rule of Criminal Procedure 3.850. Williams v. State, 350 So. 2d 1140 (Fla. 1st DCA 1977), and Brumbley v. State, 350 So. 2d 827 (Fla. 1st DCA 1977). Finally, it has come to our attention that the judgment and sentence incorrectly recites that appellant pled guilty to the crimes of armed robbery and sexual battery w…
Authorities Cited
- State v. Barber, 301 So. 2d 7 (Fla. 1974)