Hammett v. State

Full title: ALLEN A. HAMMETT, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 28, 2001

804 So. 2d 522 (Fla. Dist. Ct. App. 2001)

Opinion

No. 5D01-3478.

Opinion filed December 28, 2001.

3.850 Appeal from the Circuit Court for Brevard County, John D. Moxley, Judge.

Kurt Erlenbach, Titusville, for Appellant.

No Appearance for Appellee.

GRIFFIN, J.

Appellant, Allen A. Hammett, appeals the summary denial of his motion for post-conviction relief based on a claim of ineffective assistance of post-conviction counsel. We affirm for two reasons: first, ineffective assistance of post-conviction counsel is not a cognizable claim. Waterhouse v. State, 792 So.2d 1176, 1193 (Fla. 2001); State v. Riechmann, 777 So.2d 342, 364 n. 22 (Fla. 2000). Second, there is no colorable merit to the claim.

AFFIRMED.

SAWAYA and PALMER, JJ., concur.