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Marquez Dontel ROSS, Appellant, v. STATE of Florida, Appellee.
Marquez Dontel Ross appeals the summary denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. In his initial brief, he does not address any of the claims raised in his postconviction motion and instead makes new claims of ineffective assistance of trial counsel. Ross has abandoned the claims in his motion by not raising them on appeal. See Watson v. State, 975 So. 2d 572, 573 (Fla. 1st DCA 2008) (“[W]hen a defendant submits a brief in an appeal from a summary denial of a postconviction motion, this Court may review only those arguments raised and fully addressed in the brief.”). Additionally, this Court will not consider claims of ineffective assistance of trial counsel that were not raised in his motion and were therefore not ruled on by the postconviction court. See Mendoza v. State, 87 So. 3d 644, 661 (Fla. 2011) (holding that a claim raised for the first time in an appeal from the denial of a postconviction motion is procedurally barred).
Affirmed.
Per Curiam.
Ray, Osterhaus, and M.K. Thomas, JJ., concur.
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Docket No: No. 1D21-2041
Decided: March 16, 2022
Court: District Court of Appeal of Florida, First District.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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