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Levy M. Bishop v. State of Florida, 18-3783 (2019)

Court: District Court of Appeal of Florida Number: 18-3783 Visitors: 4
Filed: Apr. 05, 2019
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ Nos. 1D18-3675 1D18-3783 (Consolidated for disposition) _ LEVY M. BISHOP, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Leon County. James C. Hankinson, Judge. April 5, 2019 PER CURIAM. Levy Bishop appeals orders revoking his probation in two separate cases. We consolidate the appeals, and we affirm. Bishop raises a single issue on appeal. He contends that there was ineffective assistance of counsel obvious on t
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          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                  _____________________________

                         Nos. 1D18-3675
                              1D18-3783
                   (Consolidated for disposition)
                  _____________________________

LEVY M. BISHOP,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                  _____________________________


On appeal from the Circuit Court for Leon County.
James C. Hankinson, Judge.

                            April 5, 2019


PER CURIAM.

    Levy Bishop appeals orders revoking his probation in two
separate cases. We consolidate the appeals, and we affirm.

     Bishop raises a single issue on appeal. He contends that there
was ineffective assistance of counsel obvious on the face of the
record. Although ineffective-assistance claims are typically
cognizable only in postconviction proceedings, in rare instances,
appellants can raise ineffective assistance on direct appeal. Sims
v. State, 
260 So. 3d 509
, 512 (Fla. 1st DCA 2018). But to do so, an
appellant must show, among other things, “indisputable
prejudice.” 
Id. (quoting Morales
v. State, 
170 So. 3d 63
, 67 (Fla. 1st
DCA 2015)). Here, Bishop argues his counsel was ineffective for
not adequately pursuing the earlier-filed motion to suppress. But
rather than demonstrate indisputable prejudice, Bishop has only
argued that had the court granted the motion, Bishop would have
prevailed—and that had the court not granted the motion, the
issue would have at least been preserved for appellate review. This
falls well short of what is necessary to meet the narrow exception
to the general rule, so Bishop’s ineffective-assistance claims may
only be raised in a postconviction proceeding.

    AFFIRMED.

WOLF, BILBREY, and WINSOR, JJ., concur.

                 _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Andy Thomas, Public Defender, and Kasey Lacey, Assistant Public
Defender, Tallahassee, for Appellant.

Ashley B. Moody, Attorney General, for Appellee.




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Source:  CourtListener

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