Ellis v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2006 BRENT T. ELLIS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D05-2537 [ September 20, 2006 ] PER CURIAM. Appellant, Brent T. Ellis, raises two issues on appeal: (1) whether the trial court erred in denying his motion for disqualification of the trial judge, and (2) whether he received ineffective assistance of counsel. We affirm the trial court s denial of Ellis s disqualification motion. However, we decline to rule on his ineffective assistance of counsel claim on direct appeal. This holding is without prejudice to raising the ineffective assistance of counsel claim in a Rule 3.850 post-conviction motion. Affirmed. STONE, SHAHOOD and HAZOURI, JJ., concur. * * * Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Krista Marx, Judge; L.T. Case No. 03-8071 CFA02. Gary Kollin of Gary Kollin, P.A., Fort Lauderdale, for appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Diane F. Medley, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing.

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