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Marks v. State

District Court of Appeal of Florida, Fourth District
Dec 29, 1982
423 So. 2d 1021 (Fla. Dist. Ct. App. 1982)

Opinion

No. 82-348.

December 29, 1982.

Appeal from Circuit Court, Palm Beach County; W.C. Williams, III, Judge.

Malcolm Anderson of Law Offices of Malcolm Anderson, North Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee.


We determine that appellant's First Point on Appeal is without merit. As to his Second Point, appellant may not raise the issue of ineffective assistance of counsel for the first time on appeal. Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980). The issue must first be presented to the trial court and where, as here, trial has been concluded, the appropriate vehicle is a motion for post conviction relief.

We therefore affirm.

ANSTEAD, HERSEY and WALDEN, JJ., concur.


Summaries of

Marks v. State

District Court of Appeal of Florida, Fourth District
Dec 29, 1982
423 So. 2d 1021 (Fla. Dist. Ct. App. 1982)
Case details for

Marks v. State

Case Details

Full title:FRANKLIN E. MARKS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 29, 1982

Citations

423 So. 2d 1021 (Fla. Dist. Ct. App. 1982)