Drayton v. State

District Court of Appeal of Florida

Drayton v. State

744 So. 2d 1156, 1999 Fla. App. LEXIS 14305, 1999 WL 980636

CourtDistrict Court of Appeal of Florida

DecidedOctober 29, 1999

DocketNo. 99-02661

StatusPublished

Cited by1 cases

This text of 744 So. 2d 1156 (Drayton 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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Drayton v. State, 744 So. 2d 1156, 1999 Fla. App. LEXIS 14305, 1999 WL 980636 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Vent Drayton appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We agree with the trial court that each of the four issues present[1157]*1157ed in Drayton’s motion present claims that should have been raised on direct appeal rather than in a rule 3.850 motion. The trial court’s order, without supporting documentation, concludes that two of Dray-ton’s four issues were raised on direct appeal. To the extent Drayton’s claims were not raised on direct appeal, they could be the subject of a timely and sufficient petition alleging ineffective assistance of appellate counsel pursuant to Florida Rule of Appellate Procedure 9.140(j), but the trial court properly denied the rule 3.850 relief sought in this case. Accordingly, we affirm.

PARKER, A.C.J., and BLUE and CASANUEVA, JJ., Concur.

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PER CURIAM.

Vent Drayton appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We agree with the trial court that each of the four issues present[1157]*1157ed in Drayton’s motion present claims that should have been raised on direct appeal rather than in a rule 3.850 motion. The trial court’s order, without supporting documentation, concludes that two of Dray-ton’s four issues were raised on direct appeal. To the extent Drayton’s claims were not raised on direct appeal, they could be the subject of a timely and sufficient petition alleging ineffective assistance of appellate counsel pursuant to Florida Rule of Appellate Procedure 9.140(j), but the trial court properly denied the rule 3.850 relief sought in this case. Accordingly, we affirm.

PARKER, A.C.J., and BLUE and CASANUEVA, JJ., Concur.

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Bluebook (online)

744 So. 2d 1156, 1999 Fla. App. LEXIS 14305, 1999 WL 980636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drayton-v-state-fladistctapp-1999.

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