James Zimmerman v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JAMES MICHAEL ZIMMERMAN, Appellant, v. Case No. 5D12-2802 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed October 25, 2013 Appeal from the Circuit Court for Marion County, Brian D. Lambert, Judge. Jack R. Maro, of Law Office of Jack R. Maro, P.A., Ocala, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. James Zimmerman appeals his conviction for sexual battery on a physically helpless person. The only issues raised on this direct appeal relate to the alleged ineffectiveness of his trial counsel. We affirm. A claim of ineffective assistance of counsel may be raised on direct appeal only where the ineffectiveness is apparent on the face of the record. Gore v. State, 784 So. 2d 418, 437-38 (Fla. 2001). affirmance is without prejudice to Zimmerman s right to seek postconviction relief. AFFIRMED. PALMER, EVANDER and BERGER, JJ., concur. 2 Our

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