Maxwell v. State

Full title: Rudolph MAXWELL, Appellant, v. The STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Third District.

Date published: Aug 7, 2019

278 So. 3d 771 (Fla. Dist. Ct. App. 2019)

Opinion

No. 3D19-949

08-07-2019

Rudolph MAXWELL, Appellant, v. The STATE of Florida, Appellee.

Rudolph Maxwell, in proper person. Ashley Moody, Attorney General, and Linda Katz, Assistant Attorney General, for appellee.

PER CURIAM.

Rudolph Maxwell, in proper person.

Ashley Moody, Attorney General, and Linda Katz, Assistant Attorney General, for appellee.

Before SALTER, MILLER, and GORDO, JJ.

PER CURIAM.

Affirmed. See Hughes v. State, 22 So. 3d 132, 133 (Fla. 2d DCA 2009) (" ‘[F]undamental error,’ ... [is] most commonly defined as an error for which relief can be given on direct appeal even if the issue was not preserved in the trial court ... [A]n error that is actually reviewable on direct appeal as ‘fundamental error’ cannot be raised on postconviction review except as a matter of ineffective assistance of counsel.").