JACKSON v. STATE (2020)

District Court of Appeal of Florida, Third District.

Shannon L. JACKSON, Appellant, v. The STATE of Florida, Appellee.

No. 3D19-1000

Decided: April 29, 2020

Before FERNANDEZ, LINDSEY, and MILLER, JJ.

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.

As no ineffectiveness of assistance of counsel is apparent on the face of the record, we affirm without prejudice to appellant's 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) (“As 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.”) (citations omitted); see also Rhines v. State, 237 So. 3d 1110 (Fla. 3d DCA 2018) (“As 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.”) (citation omitted).

Affirmed.

PER CURIAM.

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