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Wingate v. State

District Court of Appeal of Florida, First District
Mar 26, 1999
729 So. 2d 492 (Fla. Dist. Ct. App. 1999)

Summary

finding an ineffective assistance claim not properly raised on direct appeal in light of the enactment of section 924.051, Florida Statutes

Summary of this case from Latson v. State

Opinion

No. 98-1470

Opinion filed March 26, 1999.

An appeal from the Circuit Court for Escambia County; John P. Kuder, Judge.

Nancy A. Daniels, Public Defender, Tallahassee; Meredith Charbula, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, Sherri Tolar Rollison and Trisha E. Meggs, Assistant Attorneys General, Tallahassee, for Appellee.


Appellant's claim of ineffective assistance of counsel is not properly raised on direct appeal, particularly in light of the enactment of section 924.051, Florida Statutes (Supp. 1996).See McKinney v. State, 579 So.2d 80 (Fla. 1991); Gibson v. State, 351 So.2d 948 (Fla. 1977);State v. Barber, 301 So.2d 7 (Fla. 1974); Dennis v. State, 696 So.2d 1280 (Fla. 4th DCA 1997). We therefore affirm without prejudice to appellant bringing the claim in an appropriate proceeding under Florida Rule of Criminal Procedure 3.850.

We find the evidence sufficient to sustain appellant's conviction for tampering with evidence. See State v. Jennings, 666 So.2d 131 (Fla. 1995); McKenzie v. State, 632 So.2d 276 (Fla. 4th DCA 1994).

AFFIRMED.

ERVIN, BOOTH and BENTON, JJ., CONCUR.


Summaries of

Wingate v. State

District Court of Appeal of Florida, First District
Mar 26, 1999
729 So. 2d 492 (Fla. Dist. Ct. App. 1999)

finding an ineffective assistance claim not properly raised on direct appeal in light of the enactment of section 924.051, Florida Statutes

Summary of this case from Latson v. State

finding appellant's ineffective assistance claim not properly raised on direct appeal in light of enactment of section 924.051, Florida Statutes (Supp. 1996)

Summary of this case from Kidd v. State
Case details for

Wingate v. State

Case Details

Full title:RONALD LAMAR WINGATE, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Mar 26, 1999

Citations

729 So. 2d 492 (Fla. Dist. Ct. App. 1999)

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