MAXWELL v. STATE (2019)

District Court of Appeal of Florida, Third District.

Rudolph MAXWELL, Appellant, v. The STATE of Florida, Appellee.

No. 3D19-949

Decided: August 07, 2019

Before SALTER, MILLER, and GORDO, JJ.

Rudolph Maxwell, in proper person. Ashley Moody, Attorney General, and Linda Katz, Assistant Attorney General, for appellee.

Affirmed. See Hughes v. State, 22 So. 3d 132, 133 (Fla. 2d DCA 2009) (“ ‘[F]undamental error,’ ․ [is] most commonly defined as an error for which relief can be given on direct appeal even if the issue was not preserved in the trial court ․ [A]n error that is actually reviewable on direct appeal as ‘fundamental error’ cannot be raised on postconviction review except as a matter of ineffective assistance of counsel.”).

PER CURIAM.

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