Fountain v. State
This text of 164 So. 3d 736 (Fountain 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.
Opinion
The defendant, Antonio Fountain, appeals his convictions for second degree murder with a firearm and unlawful possession of a firearm while engaged in a criminal offense. The sole issue the defendant raises on appeal is that he was denied effective assistance of trial counsel. As the claimed ineffectiveness is not apparent on the face of the record, we affirm without prejudice to the defendant to file a timely postconviction motion pursuant to [737]*737Florida Rule of Criminal Procedure 3.850. See Kidd v. State, 978 So.2d 868, 869-69 (Fla. 4th DCA 2008); Desire v. State, 928 So.2d 1256,1257 (Fla. 3d DCA 2006).
Affirmed.
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Cite This Page — Counsel Stack
164 So. 3d 736, 2015 Fla. App. LEXIS 7034, 2015 WL 2219724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fountain-v-state-fladistctapp-2015.