10-2563 MICHAEL CLIFT, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 10-2563

Case Date: 07/30/2010

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MICHAEL CLIFT, Appellant, v. STATE OF FLORIDA, Appellee. _________________________/ Opinion filed July 30, 2010. An appeal from the Circuit Court for Alachua County. Mark W. Moseley, Judge. Michael Clift, pro se, Appellant. Bill McCollum, Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D10-2563

THOMAS, J. We affirm the trial court's order denying relief in this collateral criminal appeal. Because Appellant pled guilty to the offenses at issue, he waived his claim that his counsel should have moved to suppress evidence. Stano v. State, 520 So. 2d 278 (Fla. 1988). Appellant also improperly attacked the sufficiency of the

evidence of his conviction. Even had Appellant not pled guilty to the offense, the claim of insufficient evidence to sustain a conviction is an issue that could have and should have been raised on direct appeal. Smith v. State, 445 So. 2d 323, 325 (Fla. 1983); Montana v. State, 597 So. 2d 334 (Fla. 1st DCA 1992) (holding that allegation of insufficiency of evidence could have been raised on direct appeal and was improperly raised in motion for postconviction relief). We therefore find Appellant's appeal to be frivolous, and write to refer Appellant to the Department of Corrections for disciplinary procedures in accordance with section 944.279, Florida Statutes (2004). This opinion constitutes the written findings required under that section. Judicial Inquiry and Findings Section 944.279(1), Florida Statutes (2004), specifically provides that a court may "at any time" determine whether a collateral criminal proceeding is filed in good faith. This statute equates a lack of "good faith" with a determination that the collateral action was "frivolous." See

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