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McLendon v. State

Florida Court of Appeals, First District
Dec 11, 2024
No. 1D2024-0373 (Fla. Dist. Ct. App. Dec. 11, 2024)

Opinion

1D2024-0373

12-11-2024

Jeffrey K McLendon, Appellant, v. State of Florida, Appellee.

Jessica J. Yeary, Public Defender, and Justin F. Karpf, Assistant Public Defender, Tallahassee, for Appellant; Jeffrey K McLendon, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.


Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Columbia County. Leandra G. Johnson, Judge.

Jessica J. Yeary, Public Defender, and Justin F. Karpf, Assistant Public Defender, Tallahassee, for Appellant; Jeffrey K McLendon, pro se, Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

PER CURIAM

After appointed counsel was permitted to withdraw in this Anders [*] appeal, Appellant filed a pro se brief claiming error in the admission of certain inculpatory evidence as well as ineffective assistance of trial counsel. We disagree and affirm.

As to the admission of body camera video, Appellant's counsel stipulated to its admission, and Appellant agreed with the stipulation after the trial court conducted a colloquy on the record. As to Appellant's interview by law enforcement, there was no contemporaneous objection to the admission of Appellant's statements. See State v. Petroni, 123 So.3d 62, 66 (Fla. 1st DCA 2013). Finally, since no fundamental error has occurred, Appellant cannot raise his claim of ineffective assistance of trial counsel in this direct appeal. See Carmack v. State, 377 So.3d 1242, 1243 (Fla. 1st DCA 2024).

AFFIRMED.

RAY, BILBREY, and LONG, JJ, concur.

[*] Anders v. California, 386 U.S. 738 (1967).


Summaries of

McLendon v. State

Florida Court of Appeals, First District
Dec 11, 2024
No. 1D2024-0373 (Fla. Dist. Ct. App. Dec. 11, 2024)
Case details for

McLendon v. State

Case Details

Full title:Jeffrey K McLendon, Appellant, v. State of Florida, Appellee.

Court:Florida Court of Appeals, First District

Date published: Dec 11, 2024

Citations

No. 1D2024-0373 (Fla. Dist. Ct. App. Dec. 11, 2024)