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White v. State

District Court of Appeal of Florida, Fourth District
Jun 27, 2006
930 So. 2d 721 (Fla. Dist. Ct. App. 2006)

Opinion

No. 4D05-243.

May 3, 2006. Rehearing Denied June 27, 2006.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Dwight Geiger, Judge; L.T. Case No. 03-1337 CFA.

Carey Haughwout, Public Defender, and Frederick A. Mullins, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee.


We affirm White's conviction and sentence, without prejudice to raise a claim of ineffective assistance of counsel, the only issue on appeal, by seeking relief pursuant to rule 3.850, Florida Rule of Criminal Procedure.

We recognize, and the state has not disputed, that White asserts a prima facie showing that the speedy trial time period had expired at the time the state filed the information. However, the record on appeal is not sufficient to support a conclusion of ineffective assistance of counsel without an evidentiary hearing.

STONE, FARMER and MAY, JJ., concur.


Summaries of

White v. State

District Court of Appeal of Florida, Fourth District
Jun 27, 2006
930 So. 2d 721 (Fla. Dist. Ct. App. 2006)
Case details for

White v. State

Case Details

Full title:Johnny C. WHITE, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 27, 2006

Citations

930 So. 2d 721 (Fla. Dist. Ct. App. 2006)