Shannon L. Jackson v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledApril 29, 2020
Docket3D19-1000
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed April 29, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-1000
Lower Tribunal Nos. 12-14-B-K, 14-304-A-K, & 16-766-A-K
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Shannon L. Jackson,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Monroe County, Timothy J. Koenig,
Judge.
Carlos J. Martinez, Public Defender, and Manuel Alvarez, Assistant Public
Defender, for appellant.
Ashley Moody, Attorney General, and Asad Ali, Assistant Attorney General,
for appellee.
Before FERNANDEZ, LINDSEY, and MILLER, JJ.
PER CURIAM.
As no ineffectiveness of assistance of counsel is apparent on the face of the
record, we affirm without prejudice to appellantโs right to seek postconviction relief
under Florida Rule of Criminal Procedure 3.850. See Desire v. State, 928 So. 2d
1256, 1257 (Fla. 3d DCA 2006) (โAs a general rule, claims of ineffective assistance
of counsel are not ordinarily cognizable on direct appeal. The exception is when the
error is apparent on the face of the record, which is rarely the case.โ) (citations
omitted); see also Rhines v. State, 237 So. 3d 1110 (Fla. 3d DCA 2018) (โAs the
defendant did not file a motion to withdraw his plea in the lower tribunal, asserting
that his plea was involuntary, we are without jurisdiction to entertain this issue on
direct appeal.โ) (citation omitted).
Affirmed.
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