Rosemond v. State
District Court of Appeal of Florida
1Concurring in part, dissenting in partBooth, Judge
I concur in the majority’s finding that the first ground raised in the motion for postcon-viction relief is facially insufficient because it should have been raised on direct appeal. See Wells v. State, 598 So.2d 259 (Fla. 1st DCA 1992). I cannot agree with the majority, however, that the trial court erred in denying the motion for postconviction relief as to the four ineffective assistance claims. My review of the motion convinces me that appellant has failed to allege facts which, if true, create a reasonable probability that but for counsel’s unprofessional errors, the disposition of…
2Cases cited3 opinions
- Wells v. StateDistrict Court of Appeal of Florida · 1992
- Davis v. StateDistrict Court of Appeal of Florida · 1993
- Hardman v. StateDistrict Court of Appeal of Florida · 1991