Booska v. State

District Court of Appeal of Florida

Booska v. State

935 So. 2d 1238, 2006 Fla. App. LEXIS 13409, 2006 WL 2347488

CourtDistrict Court of Appeal of Florida

DecidedAugust 11, 2006

DocketNo. 5D06-2195

StatusPublished

This text of 935 So. 2d 1238 (Booska 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.

Bluebook

Booska v. State, 935 So. 2d 1238, 2006 Fla. App. LEXIS 13409, 2006 WL 2347488 (Fla. Ct. App. 2006).

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Opinion

MONACO, J.

Brian K. Booska appeals the summary denial of his rule 3.850 motion for post-conviction relief. We affirm.

Mr. Booska was convicted of vehicular homicide and sentenced to 208 months in the custody of the Florida Department of Corrections. His plenary appeal from the judgment and sentence was affirmed by this court per curiam and without opinion. See Booska v. State, 847 So.2d 484 (Fla. 5th DCA 2003). He then raised sixteen claims of ineffective assistance of counsel in his 3.850 motion, all of which were summarily denied by the trial court. In this appeal Mr. Booska seeks review of the order denying post-conviction relief.

At least thirteen of the grounds for relief listed by Mr. Booska consist of a rehash of the points raised on his direct appeal in this case, all of which were rejected. Inasmuch as we found no error in the underlying claims, Mr. Booska’s counsel cannot logically be deemed ineffective for not more vigorously objecting to or raising these issues below. Moreover, rule 3.850 does not provide a second avenue for raising purportedly reversible errors that were argued in the plenary appeal by re-raising them in the guise of ineffective assistance claims. See, e.g., Freeman v. State, 761 So.2d 1055, 1067 (Fla.2000); Vazquez v. State, 653 So.2d 486 (Fla. 5th DCA 1995).

As to the remaining issues raised, we conclude that the trial court did not err in denying them summarily. The sentence imposed was not vindictive¹, the autopsy photographs were properly admitted², and [1239]*1239the combined claims do not amount to cumulative error entitling Mr. Booska to post-conviction relief³.

AFFIRMED.

THOMPSON and ORFINGER, JJ„ concur.

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MONACO, J.

Brian K. Booska appeals the summary denial of his rule 3.850 motion for post-conviction relief. We affirm.

Mr. Booska was convicted of vehicular homicide and sentenced to 208 months in the custody of the Florida Department of Corrections. His plenary appeal from the judgment and sentence was affirmed by this court per curiam and without opinion. See Booska v. State, 847 So.2d 484 (Fla. 5th DCA 2003). He then raised sixteen claims of ineffective assistance of counsel in his 3.850 motion, all of which were summarily denied by the trial court. In this appeal Mr. Booska seeks review of the order denying post-conviction relief.

At least thirteen of the grounds for relief listed by Mr. Booska consist of a rehash of the points raised on his direct appeal in this case, all of which were rejected. Inasmuch as we found no error in the underlying claims, Mr. Booska’s counsel cannot logically be deemed ineffective for not more vigorously objecting to or raising these issues below. Moreover, rule 3.850 does not provide a second avenue for raising purportedly reversible errors that were argued in the plenary appeal by re-raising them in the guise of ineffective assistance claims. See, e.g., Freeman v. State, 761 So.2d 1055, 1067 (Fla.2000); Vazquez v. State, 653 So.2d 486 (Fla. 5th DCA 1995).

As to the remaining issues raised, we conclude that the trial court did not err in denying them summarily. The sentence imposed was not vindictive¹, the autopsy photographs were properly admitted², and [1239]*1239the combined claims do not amount to cumulative error entitling Mr. Booska to post-conviction relief³.

AFFIRMED.

THOMPSON and ORFINGER, JJ„ concur.

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Bluebook (online)

935 So. 2d 1238, 2006 Fla. App. LEXIS 13409, 2006 WL 2347488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/booska-v-state-fladistctapp-2006.

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