Correa v. State

District Court of Appeal of Florida

Correa v. State

471 So. 2d 197, 10 Fla. L. Weekly 1550, 1985 Fla. App. LEXIS 14645

CourtDistrict Court of Appeal of Florida

DecidedJune 19, 1985

DocketNo. 85-890

StatusPublished

This text of 471 So. 2d 197 (Correa 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

Correa v. State, 471 So. 2d 197, 10 Fla. L. Weekly 1550, 1985 Fla. App. LEXIS 14645 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

Although the defendant’s petition for post-conviction relief contains a passing reference to ineffective assistance of counsel, we conclude that the issue of ineffective assistance of counsel at trial was not properly placed before the trial court. See Strickland v. Washington, — U.S. -, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Knight v. State, 394 So.2d 997 (Fla.1981). Furthermore, since all of the errors listed in the defendant’s petition either were or could have been raised on direct appeal, they are not cognizable through collateral attack. See Smith v. State, 445 So.2d 323 (Fla.1983), cert. denied, — U.S. -, 104 S.Ct. 2671, 81 L.Ed.2d 375 (1984). Accordingly, the denial of defendant’s petition without an evidentiary hearing is

AFFIRMED.

DOWNEY, HERSEY and HURLEY, JJ„ concur.

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PER CURIAM.

Although the defendant’s petition for post-conviction relief contains a passing reference to ineffective assistance of counsel, we conclude that the issue of ineffective assistance of counsel at trial was not properly placed before the trial court. See Strickland v. Washington, — U.S. -, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Knight v. State, 394 So.2d 997 (Fla.1981). Furthermore, since all of the errors listed in the defendant’s petition either were or could have been raised on direct appeal, they are not cognizable through collateral attack. See Smith v. State, 445 So.2d 323 (Fla.1983), cert. denied, — U.S. -, 104 S.Ct. 2671, 81 L.Ed.2d 375 (1984). Accordingly, the denial of defendant’s petition without an evidentiary hearing is

AFFIRMED.

DOWNEY, HERSEY and HURLEY, JJ„ concur.

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471 So. 2d 197, 10 Fla. L. Weekly 1550, 1985 Fla. App. LEXIS 14645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/correa-v-state-fladistctapp-1985.

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