Debose v. State

Full title: Arthur Debose, Appellant, v. The State of Florida, Appellee.

Court: Third District Court of Appeal State of Florida

Date published: Apr 29, 2015

163 So. 3d 715 (Fla. Dist. Ct. App. 2015)

Opinion

No. 3D13–2119.

2015-04-29

Arthur DEBOSE, Appellant, v. The STATE of Florida, Appellee.

Carlos J. Martinez , Public Defender, and Manuel Alvarez , Assistant Public Defender, for appellant. Pamela Jo Bondi , Attorney General, and Marlon J. Weiss , Assistant Attorney General, for appellee.

ROTHENBERG

An Appeal from the Circuit Court for Miami–Dade County, Maria Elena Verde, Judge.

Carlos J. Martinez, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Marlon J. Weiss, Assistant Attorney General, for appellee.
Before ROTHENBERG, EMAS, and SCALES, JJ.

ROTHENBERG, J.

The defendant, Arthur Debose, appeals his convictions for second degree murder with a firearm and unlawful possession of a firearm while engaged in a criminal offense. The sole issue the defendant raises on appeal is that he was denied effective assistance of trial counsel. As the claimed ineffectiveness is not apparent on the face of the record, we affirm without prejudice to the defendant to file a timely postconviction motion pursuant to Florida Rule of Criminal Procedure 3.850. See Kidd v. State, 978 So.2d 868, 868–69 (Fla. 4th DCA 2008); Desire v. State, 928 So.2d 1256, 1257 (Fla. 3d DCA 2006).

Affirmed.