DEMARCO v. State

NORTHCUTT, Judge.

Heath A. Demarco seeks review of a final order denying his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Demarco raises one claim of ineffective assistance of counsel for counsel’s failure to raise the issue of Demarco’s competency to participate in the legal proceedings. The post-conviction court construed Demarco’s claim as one raising trial court error in failing to make a determination of incompetency and found the claim procedurally barred. See Whitfield v. State, 923 So.2d 375, 379 (Fla.2005); Marshall v. State, 854 So.2d…