Lagiorgia v. State

District Court of Appeal of Florida

Lagiorgia v. State

833 So. 2d 205, 2002 Fla. App. LEXIS 18278, 2002 WL 31777636

CourtDistrict Court of Appeal of Florida

DecidedDecember 13, 2002

DocketNo. 5D02-395

StatusPublished

This text of 833 So. 2d 205 (Lagiorgia 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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Lagiorgia v. State, 833 So. 2d 205, 2002 Fla. App. LEXIS 18278, 2002 WL 31777636 (Fla. Ct. App. 2002).

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Opinion

ROUSE, R. K., JR., Associate Judge.

Rocco LaGiorgia appeals his convictions for sexual battery and lewd act in the presence of a child. We affirm. We reject LaGiorgia’s assertion that fundamental error occurred in the admission of testimony that was not objected to at trial. We decline to address LaGiorgia’s claim of ineffective assistance of counsel, because the facts giving rise to this claim are not readily apparent on the face of the record. See Stewart v. State, 420 So.2d 862 (Fla.1982). These claims are more properly raised in a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. McKinney v. State, 579 So.2d 80, 82 (Fla.1991).

AFFIRMED.

COBB and SHARP, W., JJ., concur.

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ROUSE, R. K., JR., Associate Judge.

Rocco LaGiorgia appeals his convictions for sexual battery and lewd act in the presence of a child. We affirm. We reject LaGiorgia’s assertion that fundamental error occurred in the admission of testimony that was not objected to at trial. We decline to address LaGiorgia’s claim of ineffective assistance of counsel, because the facts giving rise to this claim are not readily apparent on the face of the record. See Stewart v. State, 420 So.2d 862 (Fla.1982). These claims are more properly raised in a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. McKinney v. State, 579 So.2d 80, 82 (Fla.1991).

AFFIRMED.

COBB and SHARP, W., JJ., concur.

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833 So. 2d 205, 2002 Fla. App. LEXIS 18278, 2002 WL 31777636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lagiorgia-v-state-fladistctapp-2002.

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