Opinion
CASE NO. 96-0841
Opinion filed February 19, 1997
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; M. Daniel Futch, Jr., Judge; L.T. Case No. 95-10823CF10A.
Richard L. Jorandby, Public Defender, and Cherry Grant, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.
The sole issue raised on direct appeal from defendant's convictions and sentences for armed burglary, attempted murder in the first degree and battery is defense counsel's alleged ineffective assistance of counsel for failure to object to the admission of collateral crime evidence.
Unlike Gordon v. State, 469 So.2d 795, 797 (Fla. 4th DCA),review denied, 480 So.2d 1296 (Fla. 1985), this was not a case of gross and patent ineffectiveness of counsel virtually conceded by the state. We affirm defendant's conviction because there was no objection to the allegedly impermissible testimony. Our affirmance is without prejudice to defendant's raising the ineffective assistance of counsel claim on collateral review by a rule 3.850 motion. See Fla. R. Crim. P. 3.850.
POLEN and SHAHOOD, JJ., concur.