Kidwell v. State

Full title: ALAN V. KIDWELL, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Mar 30, 1981

394 So. 2d 526 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-637.

February 24, 1981. Rehearing Denied March 30, 1981.

Appeal from Circuit Court, Dade County; Richard S. Fuller, Judge.

Mandina Lipsky, Miami, Gargiulo McMenimen and Brian J. McMenimen, Boston, Mass, for appellant.

Jim Smith, Atty. Gen. and Steven R. Jacob, Asst. Atty. Gen., for appellee.

Before HENDRY, BASKIN and DANIEL S. PEARSON, JJ.

PER CURIAM.

Affirmed. The points raised by Kidwell on this appeal were not preserved below by appropriate objection, motion, or request for instruction. State v. Cumbie, 380 So.2d 1031 (Fla. 1980); Clark v. State, 363 So.2d 331 (Fla. 1978); Bailey v. State, 393 So.2d 24 (Fla. 3d DCA 1981); Mead v. State, 381 So.2d 743 (Fla. 3d DCA 1980); Simpson v. State, 211 So.2d 862 (Fla. 3d DCA 1968). Kidwell's claim that his trial counsel was ineffective cannot properly be raised for the first time on direct appeal and is a matter to be presented to the trial court under Florida Rule of Criminal Procedure 3.850. State v. Barber, 301 So.2d 7 (Fla. 1974); Valero v. State, 393 So.2d 1197 (Fla. 3d DCA 1981).