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Ross v. State

District Court of Appeal of Florida, First District.
Mar 16, 2022
335 So. 3d 779 (Fla. Dist. Ct. App. 2022)

Opinion

No. 1D21-2041

03-16-2022

Marquez Dontel ROSS, Appellant, v. STATE of Florida, Appellee.

Marquez Dontel Ross, pro se, Appellant. Ashley Moody, Attorney General, and Adam B. Wilson, Assistant Attorney General, Tallahassee, for Appellee.


Marquez Dontel Ross, pro se, Appellant.

Ashley Moody, Attorney General, and Adam B. Wilson, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

Marquez Dontel Ross appeals the summary denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. In his initial brief, he does not address any of the claims raised in his postconviction motion and instead makes new claims of ineffective assistance of trial counsel. Ross has abandoned the claims in his motion by not raising them on appeal. See Watson v. State , 975 So. 2d 572, 573 (Fla. 1st DCA 2008) ("[W]hen a defendant submits a brief in an appeal from a summary denial of a postconviction motion, this Court may review only those arguments raised and fully addressed in the brief."). Additionally, this Court will not consider claims of ineffective assistance of trial counsel that were not raised in his motion and were therefore not ruled on by the postconviction court. See Mendoza v. State , 87 So. 3d 644, 661 (Fla. 2011) (holding that a claim raised for the first time in an appeal from the denial of a postconviction motion is procedurally barred).

AFFIRMED .

Ray, Osterhaus, and M.K. Thomas, JJ., concur.


Summaries of

Ross v. State

District Court of Appeal of Florida, First District.
Mar 16, 2022
335 So. 3d 779 (Fla. Dist. Ct. App. 2022)
Case details for

Ross v. State

Case Details

Full title:Marquez Dontel ROSS, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, First District.

Date published: Mar 16, 2022

Citations

335 So. 3d 779 (Fla. Dist. Ct. App. 2022)