Benton v. State

District Court of Appeal of Florida

Benton v. State

729 So. 2d 411, 1999 Fla. App. LEXIS 1402, 1999 WL 69564

CourtDistrict Court of Appeal of Florida

DecidedFebruary 15, 1999

DocketNo. 97-1415

StatusPublished

This text of 729 So. 2d 411 (Benton v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Benton v. State, 729 So. 2d 411, 1999 Fla. App. LEXIS 1402, 1999 WL 69564 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Gerald Benton has filed a direct appeal from his conviction pursuant to a plea of nolo contendere. He alleges his counsel was ineffective for failing to investigate his claim that he should have been permitted to withdraw his plea because he had been confused by the effects of psychotropic medications. Generally, such claims must be raised in collateral proceedings, and are not cognizable on direct appeal. See Wuornos v. State, 676 So.2d 966, 972 (Fla.1995); Loren v. State, 601 So.2d 271, 272 (Fla. 1st DCA 1992). Unlike Cody v. State, 678 So.2d 9, 10 (Fla. 1st DCA 1996), the question of trial counsel’s effectiveness was not raised below. We find no merit to appellant’s remaining argument.

Accordingly, the judgment of conviction and sentences are affirmed.

JOANOS, MINER and DAVIS, JJ., CONCUR.

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PER CURIAM.

Gerald Benton has filed a direct appeal from his conviction pursuant to a plea of nolo contendere. He alleges his counsel was ineffective for failing to investigate his claim that he should have been permitted to withdraw his plea because he had been confused by the effects of psychotropic medications. Generally, such claims must be raised in collateral proceedings, and are not cognizable on direct appeal. See Wuornos v. State, 676 So.2d 966, 972 (Fla.1995); Loren v. State, 601 So.2d 271, 272 (Fla. 1st DCA 1992). Unlike Cody v. State, 678 So.2d 9, 10 (Fla. 1st DCA 1996), the question of trial counsel’s effectiveness was not raised below. We find no merit to appellant’s remaining argument.

Accordingly, the judgment of conviction and sentences are affirmed.

JOANOS, MINER and DAVIS, JJ., CONCUR.

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729 So. 2d 411, 1999 Fla. App. LEXIS 1402, 1999 WL 69564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benton-v-state-fladistctapp-1999.

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