Sheppard v. State

District Court of Appeal of Florida

Sheppard v. State

781 So. 2d 1195, 2001 Fla. App. LEXIS 5040, 2001 WL 359731

Procedural entryThis page is a short order in Sheppard v. State. Read the opinion of the Court — 753 So. 2d 748 →

District Court of Appeal of Florida·Decided April 12, 2001·No. No. 5D99-3381·Published

Opinion

PLEUS, J.

Carl Sheppard appeals the summary denial of his motion for post-conviction relief. He claims ineffective assistance of counsel. Although Sheppard appealed his judgment and sentence in this case, he failed to raise the issue on direct appeal which he now asserts in his 3.850 motion. Thus, he is procedurally barred. See Rutherford v. Moore, 774 So.2d 637, 647 (Fla.2000); [1196]*1196Koon v. Dugger, 619 So.2d 246, 248-249 (Fla.1993).

AFFIRMED.

W. SHARP and PALMER, JJ., concur.

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PLEUS, J.

Carl Sheppard appeals the summary denial of his motion for post-conviction relief. He claims ineffective assistance of counsel. Although Sheppard appealed his judgment and sentence in this case, he failed to raise the issue on direct appeal which he now asserts in his 3.850 motion. Thus, he is procedurally barred. See Rutherford v. Moore, 774 So.2d 637, 647 (Fla.2000); [1196]*1196Koon v. Dugger, 619 So.2d 246, 248-249 (Fla.1993).

AFFIRMED.

W. SHARP and PALMER, JJ., concur.

Sheppard v. State, 781 So. 2d 1195, 2001 Fla. App. LEXIS 5040, 2001 WL 359731 (Fla. Ct. App. 2001).

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