Legal Opinion

Merritt v. State

District Court of Appeal of Florida

Decided April 12, 1983No. 82-616PublishedCited by 1 opinion

1Per curiam

The judgment and sentence are AFFIRMED. Generally, the claim of ineffective assistance of counsel is a matter that must first be presented to the trial court. State v. Barber, 301 So.2d 7 (Fla.1974); Walker v. State, 399 So.2d 374 (Fla. 3d DCA 1981). The single recognized exception to the general rule is not applicable here. See Washington v. State, 419 So.2d 1100, 1100 n. 3 (Fla. 3d DCA 1982) discussing Foster v. State, 387 So.2d 344 (Fla.1980).

2Cases cited4 opinions

  1. State v. BarberSupreme Court of Florida · 1974
  2. Foster v. StateSupreme Court of Florida · 1980
  3. Washington v. StateDistrict Court of Appeal of Florida · 1982
  4. Walker v. StateDistrict Court of Appeal of Florida · 1981

3Cited by1 opinion

  1. Wing v. WingDistrict Court of Appeal of Florida · 1983