Rodriguez v. State

Full title: EBODIO RODRIGUEZ, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Sep 3, 1998

715 So. 2d 329 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-3790

July 29, 1998 Rehearing Denied September 3, 1998

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Larry Schack, Judge; L.T. Case No. 96-3422 CF.

Richard L. Jorandby, Public Defender, and Peggy Natale and Gary Caldwell, Assistant Public Defenders, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed. See Geddis v. State, 715 So.2d 991 (Fla. 4th DCA 1998). However, unlike Geddis, in this case, the claim of ineffective assistance of counsel is not conclusively refuted by the trial record; accordingly, this affirmance is without prejudice to appellant pursuing his claim via Rule 3.850.

FARMER and STEVENSON, JJ., and KROLL, KATHLEEN J., Associate Judge, concur.