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Swanson v. State

District Court of Appeal of Florida, First District
Jun 18, 2008
984 So. 2d 629 (Fla. Dist. Ct. App. 2008)

Summary

holding that claims of trial error must be brought on direct appeal, not in a 3.850 motion

Summary of this case from Montgomery v. Inch

Opinion

No. 1D07-4180.

June 18, 2008.

Appeal from the Circuit Court, Escambia County, Frank L. Bell, J.

Thomas Swanson, pro se, Appellant.

Bill McCollum, Attorney General, and Joshua R. Heller, Assistant Attorney General, Tallahassee, for Appellee.


Appellant seeks review of the trial court's order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. He alleges that he is entitled to postconviction relief due to trial court error and ineffective assistance of his trial counsel. Appellant's claim of trial court error is not cognizable in a motion for postconviction relief. See Hodges v. State, 885 So.2d 338, 366 (Fla. 2004) (holding that claims of trial court error should be raised on direct appeal, not in a rule 3.850 motion); Gorham v. State, 521 So.2d 1067, 1070 (Fla. 1988) (holding that any claim of error regarding jury instructions given by the court should have been raised on direct appeal, and was not cognizable in rule 3.850 motion). We, therefore, affirm on this issue. However, his claims of ineffective assistance of counsel are facially insufficient. See Strickland v. Washington, 466 U.S. 668, 691-92, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

In accordance with Spera v. State, 971 So.2d 754 (Fla. 2007), we reverse and remand for the trial court to allow appellant the opportunity to amend his facially insufficient claims within a reasonable period of time.

AFFIRMED in part, and REVERSED and REMANDED, in part.

WOLF, LEWIS, and ROBERTS, JJ., concur.


Summaries of

Swanson v. State

District Court of Appeal of Florida, First District
Jun 18, 2008
984 So. 2d 629 (Fla. Dist. Ct. App. 2008)

holding that claims of trial error must be brought on direct appeal, not in a 3.850 motion

Summary of this case from Montgomery v. Inch
Case details for

Swanson v. State

Case Details

Full title:Thomas SWANSON, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Jun 18, 2008

Citations

984 So. 2d 629 (Fla. Dist. Ct. App. 2008)

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