From Casetext: Smarter Legal Research

Bishop v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Apr 5, 2019
300 So. 3d 697 (Fla. Dist. Ct. App. 2019)

Opinion

Nos. 1D18-3675 (Consolidated for disposition) 1D18-3783

04-05-2019

Levy M. BISHOP, Appellant, v. STATE of Florida, Appellee.

Andy Thomas, Public Defender, and Kasey Lacey, Assistant Public Defender, Tallahassee, for Appellant. Ashley B. Moody, Attorney General, for Appellee.


Andy Thomas, Public Defender, and Kasey Lacey, Assistant Public Defender, Tallahassee, for Appellant.

Ashley B. Moody, Attorney General, for Appellee.

Per Curiam.

Levy Bishop appeals orders revoking his probation in two separate cases. We consolidate the appeals, and we affirm.

Bishop raises a single issue on appeal. He contends that there was ineffective assistance of counsel obvious on the face of the record. Although ineffective-assistance claims are typically cognizable only in postconviction proceedings, in rare instances, appellants can raise ineffective assistance on direct appeal. Sims v. State , 260 So.3d 509, 512 (Fla. 1st DCA 2018). But to do so, an appellant must show, among other things, "indisputable prejudice." Id. (quoting Morales v. State , 170 So.3d 63, 67 (Fla. 1st DCA 2015) ). Here, Bishop argues his counsel was ineffective for not adequately pursuing the earlier-filed motion to suppress. But rather than demonstrate indisputable prejudice, Bishop has only argued that had the court granted the motion, Bishop would have prevailed—and that had the court not granted the motion, the issue would have at least been preserved for appellate review. This falls well short of what is necessary to meet the narrow exception to the general rule, so Bishop's ineffective-assistance claims may only be raised in a postconviction proceeding.

AFFIRMED.

Wolf, Bilbrey, and Winsor, JJ., concur.


Summaries of

Bishop v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Apr 5, 2019
300 So. 3d 697 (Fla. Dist. Ct. App. 2019)
Case details for

Bishop v. State

Case Details

Full title:LEVY M. BISHOP, Appellant, v. STATE OF FLORIDA, Appellee.

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Apr 5, 2019

Citations

300 So. 3d 697 (Fla. Dist. Ct. App. 2019)