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Ortiz v. State

District Court of Appeal of Florida, Third District
Nov 3, 1999
745 So. 2d 430 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-925.

Opinion filed November 3, 1999.

An appeal from the Circuit Court for Dade County, Barbara S. Levenson, Judge; L.T. No. 97-5717.

Peter Raben, for appellant.

Robert A. Butterworth, Attorney General and Christine E. Zahralban, Assistant Attorney General, for appellee.

Before JORGENSON, GERSTEN, and GREEN, JJ.


On this direct appeal from his conviction and sentence for one count of home invasion robbery with a firearm and two counts of robbery with a firearm, the appellant urges that his constitutional guarantee to effective assistance of counsel was undermined due to the existence of an attorney-client relationship between his trial counsel and his co-defendant in this case. Although it is undisputed that the appellant's trial counsel had represented the co-defendant in this case in the past, the record before us is silent as to whether their attorney-client relationship was still ongoing at the time the attorney represented the appellant in this cause. For this reason, we dismiss this appeal without prejudice for the appellant to pursue the adequacy of his counsel's performance with the trial court in an evidentiary hearing made pursuant to rule 3.850, Florida Rules of Appellate Procedure. See Dennis v. State, 696 So.2d 1280 (Fla. 4th DCA 1996) (holding that ". . . the adequacy of a lawyer's representation may not be raised for the first time on a direct appeal.").


Summaries of

Ortiz v. State

District Court of Appeal of Florida, Third District
Nov 3, 1999
745 So. 2d 430 (Fla. Dist. Ct. App. 1999)
Case details for

Ortiz v. State

Case Details

Full title:LUIS FERNANDO ORTIZ, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Nov 3, 1999

Citations

745 So. 2d 430 (Fla. Dist. Ct. App. 1999)