Summary
affirming without prejudice to the defendant's right to file a motion for post conviction relief pursuant to Florida Rule of Criminal Procedure 3.850
Summary of this case from Corvo v. StateOpinion
Case No. 2D02-1306.
Opinion filed July 23, 2003.
Appeal from the Circuit Court for Pasco County; Wayne L. Cobb, Judge.
James Marion Moorman, Public Defender, and Terri L. Backhus, Special Assistant Public Defender, Bartow, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Danilo Cruz-Carino, Assistant Attorney General, Tampa, for Appellee.
In this direct appeal, Scottie Lee White challenges his judgment and sentence for second-degree murder. He alleges that he received ineffective assistance of counsel at trial. We affirm without prejudice to White's right to file a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. See Corzo v. State, 806 So.2d 642, 645 (Fla. 2d DCA 2002) (holding that an appellate court will consider a claim of ineffective assistance of counsel on direct appeal only in rare instances where counsel's ineffectiveness is clearly apparent from the record, prejudice to the defendant is obvious, and no tactical explanation for the conduct can be conceived).
Affirmed.
FULMER and DAVIS, JJ., Concur.