Opinion
Case No. 5D99-3381
Opinion filed April 12, 2001
3.850 Appeal from the Circuit Court for Brevard County, Warren Burk, Judge.
Affirmed.
Carl Sheppard, Bristol, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.
Carl Sheppard appeals the summary denial of his motion for post-conviction relief. He claims ineffective assistance of counsel. Although Sheppard appealed his judgment and sentence in this case, he failed to raise the issue on direct appeal which he now asserts in his 3.850 motion. Thus, he is procedurally barred. See Rutherford v. Moore, 774 So.2d 637, 647 (Fla. 2000); Koon v. Dugger, 619 So.2d 246, 248-249 (Fla. 1993).
SHARP, W., and PALMER, JJ., concur.