Ortiz v. State

Full title: Gary ORTIZ, Appellant, v. The STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Sep 30, 2009

19 So. 3d 434 (Fla. Dist. Ct. App. 2009)

Opinion

No. 3D07-860.

September 30, 2009.

An Appeal from the Circuit Court for Miami-Dade County, Barbara Areces, Judge.

Andrew F. Rier, Miami, for appellant.

Bill McCollum, Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellee.

Before GERSTEN and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

The contentions raised on appeal were not preserved below and do not present fundamental error. Moreover, the allegations concerning the adequacy of trial counsel's representation do not fall within the exception to the rule that the issue is not cognizable on direct appeal. See Smith v. State, 998 So.2d 516, 522-523 (Fla. 2008); Smith v. State, ___ So.3d ___, 2009 WL 2777100 (Fla. 1st DCA 2009). The convictions and sentence are therefore affirmed without prejudice to an application for Rule 3.850 relief.

Affirmed.