Noble v. State

The first point on appeal is whether the state’s playing of a tape recorded statement in which the defendant invoked his right to remain silent constitutes fundamental error. It does not. Simpson v. State, 418 So.2d 984 (Fla.1982); Clark v. State, 363 So.2d 331 (Fla.1978).

The defendant/appellant also claims ineffective assistance of trial counsel. This may only be raised in a direct appeal when the facts giving rise to such claim are apparent on the face of the record or when conflict of interest or prejudice to the defendant is shown. Stewart v. State, 420 So.2d 862 (Fla.1982); State v.…