Zimmerman v. State

Full title: James Michael ZIMMERMAN, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Oct 25, 2013

124 So. 3d 414 (Fla. Dist. Ct. App. 2013)

Opinion

No. 5D12–2802.

2013-10-25

James Michael ZIMMERMAN, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for Marion County, Brian D. Lambert, Judge. Jack R. Maro, of Law Office of Jack R. Maro, P.A., Ocala, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appeal from the Circuit Court for Marion County, Brian D. Lambert, Judge.
Jack R. Maro, of Law Office of Jack R. Maro, P.A., Ocala, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.

James Zimmerman appeals his conviction for sexual battery on a physically helpless person. The only issues raised on this direct appeal relate to the alleged ineffectiveness of his trial counsel. We affirm. A claim of ineffective assistance of counsel may be raised on direct appeal only where the ineffectiveness is apparent on the face of the record. Gore v. State, 784 So.2d 418, 437–38 (Fla.2001). Our affirmance is without prejudice to Zimmerman's right to seek postconviction relief.

AFFIRMED.

PALMER, EVANDER and BERGER, JJ., concur.