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Caldwell v. State

District Court of Appeal of Florida, Fifth District
May 23, 1991
579 So. 2d 408 (Fla. Dist. Ct. App. 1991)

Opinion

No. 89-904.

May 23, 1991.

Appeal from the Circuit Court for Osceola County; Belvin Perry, Jr., Judge.

Raymond E. Cramer, Kissimmee, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for appellee.


Norman Caldwell appeals a final judgment of conviction for grand theft following a jury trial. His sole point on appeal is that his conviction resulted from ineffective assistance of trial counsel. Caldwell's proper remedy is to file with the trial court a motion under rule 3.850, Florida Rules of Criminal Procedure. See State v. Barber, 301 So.2d 7 (Fla. 1974). We affirm the judgment and sentence without prejudice to the filing of a 3.850 motion with the circuit court.

AFFIRMED.

W. SHARP, PETERSON and GRIFFIN, JJ., concur.


Summaries of

Caldwell v. State

District Court of Appeal of Florida, Fifth District
May 23, 1991
579 So. 2d 408 (Fla. Dist. Ct. App. 1991)
Case details for

Caldwell v. State

Case Details

Full title:NORMAN CALDWELL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: May 23, 1991

Citations

579 So. 2d 408 (Fla. Dist. Ct. App. 1991)