Opinion
No. 3D05-1571.
November 23, 2005.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jacqueline Hogan Scola, Judge.
Eutiquio M. Eloy, in proper person.
Charles J. Crist, Jr., Attorney General, and Jill K. Traina, Assistant Attorney General, for appellee.
Before SHEPHERD, SUAREZ, and ROTHENBERG, JJ.
The defendant below, Eutiquio M. Eloy, appeals a denial of his motion for postconviction relief filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. We affirm.
The defendant was convicted after a jury trial and sentenced to twenty-five years as a habitual offender for the offense of attempted second degree murder. On direct appeal, mandate was issued, affirming per curiam, the conviction and sentence on November 21, 2003. The defendant timely filed a motion for postconviction relief, which was denied by the trial court, as was his motion for rehearing.
As we conclude that all of the claims raised by the defendant were raised, or could have been raised on direct appeal, we find that the trial court correctly denied the motion. Fla.R.Crim.P. 3.850(c); Muhammad v. State, 603 So.2d 488 (Fla. 1992); Byrd v. State, 597 So.2d 252 (Fla. 1992).
Affirmed.