Steward v. State

Fla. Dist. Ct. App.

Court: Florida District Court of Appeal

Citations: 931 So. 2d 133, 2006 WL 782821

Decision Date: 3/29/2006

Docket Number: No. 2D05-5317

Jurisdiction: FL

Bluebook Citation: Steward v. State, 931 So. 2d 133, 2006 WL 782821 (Fla. Dist. Ct. App. 2006)

More Cases: Fla. Dist. Ct. App. decisions from 2006

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Opinion

Wallis Lavon STEWARD, Appellant, v. STATE of Florida, Appellee.

Judges

NORTHCUTT, CASANUEVA, and DAVIS, JJ., Concur.

majority PER CURIAM.

Wallis Lavon Steward appeals the summary dismissal of his motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Steward’s motion raised numerous claims for relief including trial court error, insufficiency of the evidence, improper sentencing procedure, and ineffective assistance of counsel. We affirm.

Steward’s claims of trial court error and insufficiency of the evidence should have been raised on direct appeal. See Sampson v. State, 845 So.2d 271, 272 (Fla. 2d DCA 2003) (holding that claims of trial court error should be raised on direct appeal); Issue v. State, 767 So.2d 1280 (Fla. 5th DCA 2000) (holding a claim that the evidence was insufficient to support the conviction should have been raised on direct appeal). Steward’s claims contesting the sentencing procedure are proee-durally barred in a rule 3.800(a) motion. See Johnson v. State, 917 So.2d 1011 (Fla. 4th DCA 2006).

We affirm the postconviction court’s ruling on Steward’s ineffective assistance of counsel claims because Steward’s claims of ineffective assistance of counsel must be raised in a rule 3.850 motion. See Meeks v. State, 382 So.2d 673, 675 (Fla.1980). Our affirmance is without prejudice to any right Steward may have to file a motion for postconviction relief pursuant to rule 3.850.

Affirmed.

NORTHCUTT, CASANUEVA, and DAVIS, JJ., Concur.