JOHNSON v. STATE (2019)

District Court of Appeal of Florida, Third District.

Winfred JOHNSON, Appellant, v. The STATE of Florida, Appellee.

No. 3D19-1539

Decided: September 25, 2019

Before SCALES, LINDSEY, and LOBREE, JJ.

Winfred Johnson, in proper person. Ashley Moody, Attorney General, for appellee.

Affirmed. As motions for post-conviction relief are not substitutes for direct appeal, issues that should have been raised on direct appeal, or were raised on direct appeal are procedurally barred for relief under Florida Rule of Criminal Procedure 3.850. See Muhammad v. State, 603 So. 2d 488, 489 (Fla. 1992) (holding that defendant's 3.850 claims were barred from relief because “the issue was already raised and rejected on direct appeal ․ Issues which either were or could have been litigated at trial and upon direct appeal are not cognizable through collateral attack.”); see also Smith v. State, 445 So. 2d 323, 325 (Fla. 1983).

PER CURIAM.

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