LANE v. STATE (2019)

AFFIRMED.

Appellant was convicted, after a jury trial, of three counts of attempted murder of a law enforcement officer. This court affirmed those convictions. Lane v. State, 168 So. 3d 1276 (Fla. 5th DCA 2015).

Subsequently, Appellant filed a motion for postconviction relief, alleging that her trial counsel failed to properly raise the issue of whether law enforcement officers complied with section 933.09, Florida Statutes (2011), Florida's “knock and announce” statute, when they entered the mobile home where the events leading to Appellant's charges took place. The motion was denied after an evidentiary hearing. I believe the record amply supports the trial court's decision. I would suggest that a larger concern is whether the original trial judge properly ruled on certain jury instruction issues raised at trial by defense counsel—issues that were not raised on direct appeal.

PER CURIAM.

LAMBERT and EISNAUGLE, JJ., concur. EVANDER, C.J., concurs, with opinion.