5D06-3055 Herman Brown v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D06-3055

Case Date: 02/18/2008

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008

HERMAN VONDELL BROWN, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 22, 2008 Appeal from the Circuit Court for Orange County, Daniel P. Dawson, Judge. Bart Schneider of Bart Schneider, P.A., Orlando, and Richard J. D'Amico, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee. CASE NO. 5D06-3055

PER CURIAM. Herman Vondell Brown appeals his conviction for second degree murder, raising five issues. In one issue, Brown claims ineffective assistance of counsel in that his trial attorney did not object to evidence of his flight from a police officer. Issues of ineffective assistance of counsel are only addressed on direct appeal "where the incompetence and ineffectiveness of counsel is apparent on the face of the record and prejudice to the defendant is obvious." McMullen v. State , 876 So. 2d 589, 590 (Fla. 5th DCA 2004).

Because Brown's claim does not meet this standard, we have not considered it on the merits. Id. None of Brown's other claims were preserved for appellate review. Having carefully considered each claim, we find no fundamental error, and therefore affirm the conviction and sentence. See Cardenas v. State , 867 So. 2d 384, 396-97 (Fla. 2004) (recognizing appellate courts should not consider issues that were neither preserved nor fundamental error). AFFIRMED.

TORPY, LAWSON and COHEN, JJ., concur.

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