Wingate v. State

District Court of Appeal of Florida

Wingate v. State

729 So. 2d 492, 1999 Fla. App. LEXIS 3839, 1999 WL 162953

CourtDistrict Court of Appeal of Florida

DecidedMarch 26, 1999

DocketNo. 98-1470

StatusPublished

Cited by5 cases

This text of 729 So. 2d 492 (Wingate 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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Wingate v. State, 729 So. 2d 492, 1999 Fla. App. LEXIS 3839, 1999 WL 162953 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Appellant’s claim of ineffective assistance of counsel is not properly raised on direct appeal, particularly in light of the enactment of section 924.051, Florida Statutes (Supp.1996). See McKinney v. State, 579 So.2d 80 (Fla.1991); Gibson v. State, 351 So.2d 948 (Fla.1977); State v. Barber, 301 So.2d 7 (Fla.1974); Dennis v. State, 696 So.2d 1280 (Fla. 4th DCA 1997). We therefore affirm without prejudice to appellant bringing the claim in an appropriate proceeding under Florida Rule of Criminal Procedure 3.850.

We find the evidence sufficient to sustain appellant’s conviction for tampering with evidence. See State v. Jennings, 666 So.2d 131 (Fla.1995); McKenzie v. State, 632 So.2d 276 (Fla. 4th DCA 1994).

AFFIRMED.

ERVIN, BOOTH and BENTON, JJ., CONCUR.

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PER CURIAM.

Appellant’s claim of ineffective assistance of counsel is not properly raised on direct appeal, particularly in light of the enactment of section 924.051, Florida Statutes (Supp.1996). See McKinney v. State, 579 So.2d 80 (Fla.1991); Gibson v. State, 351 So.2d 948 (Fla.1977); State v. Barber, 301 So.2d 7 (Fla.1974); Dennis v. State, 696 So.2d 1280 (Fla. 4th DCA 1997). We therefore affirm without prejudice to appellant bringing the claim in an appropriate proceeding under Florida Rule of Criminal Procedure 3.850.

We find the evidence sufficient to sustain appellant’s conviction for tampering with evidence. See State v. Jennings, 666 So.2d 131 (Fla.1995); McKenzie v. State, 632 So.2d 276 (Fla. 4th DCA 1994).

AFFIRMED.

ERVIN, BOOTH and BENTON, JJ., CONCUR.

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729 So. 2d 492, 1999 Fla. App. LEXIS 3839, 1999 WL 162953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wingate-v-state-fladistctapp-1999.

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