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Brown v. State

District Court of Appeal of Florida, Third District
Nov 9, 2007
967 So. 2d 257 (Fla. Dist. Ct. App. 2007)

Opinion

Nos. 3D06-2204, 3D05-2448.

September 12, 2007. Rehearing Denied November 9, 2007.

Cases of Original Jurisdiction — Ineffective Assistance of Appellate Counsel.

Montreal Brown, in proper person.

Bill McCollum, Attorney General, and Jill Kramer Traina, Assistant Attorney General, for appellee.

Before CORTIÑAS and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.


Montreal Brown ("Brown") was convicted and sentenced as a prison releasee reoffender to life imprisonment after a finding of guilt for armed robbery and armed car-jacking. This court affirmed the judgment and sentence on August 11, 2004. Brown v. State, 882 So.2d 389, 2004 WL 2295139 (Fla. 3d DCA 2004) (table). Since Brown's direct appeal, he has tiled (1) a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, which was denied by the trial court in a detailed twenty-nine page order and affirmed by this court, Brown v. State, 912 So.2d 1234 (Fla. 3d DCA 2005) (table); (2) a motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a), which was denied by the trial court and affirmed on appeal by this court, Brown v. State, 915 So.2d 232, 232 (Fla. 3d DCA 2005); and (3) two petitions which have been consolidated and are the subject of our present review.

In the instant petitions, Brown raises several claims of ineffective assistance of appellate counsel for failure to raise various issues regarding the jury instructions, verdict forms, and the sentence imposed. Because we conclude that none of the claims raised are meritorious, appellate counsel cannot be faulted for failing to raise them. Groover v. Singletary, 656 So.2d 424, 425 (Fla. 1995).

Petitions denied.


Summaries of

Brown v. State

District Court of Appeal of Florida, Third District
Nov 9, 2007
967 So. 2d 257 (Fla. Dist. Ct. App. 2007)
Case details for

Brown v. State

Case Details

Full title:Montreal BROWN, Petitioner, v. The STATE of Florida, Respondent

Court:District Court of Appeal of Florida, Third District

Date published: Nov 9, 2007

Citations

967 So. 2d 257 (Fla. Dist. Ct. App. 2007)

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