Scaife v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT PATRICK BOUVIER SCAIFE, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D01-4817 Opinion filed December 27, 2002. Appeal from the Circuit Court for Polk County; Judith J. Flanders, Judge. James Marion Moorman, Public Defender, and Eric J. Gottlieb, Special Assistant Public Defender, Bartow, for Appellant. Richard E. Doran, Attorney General, Tallahassee, and Patricia A. McCarthy, Assistant Attorney General, Tampa, for Appellee. COVINGTON, Judge. On this direct appeal, Scaife challenges his judgments and sentences for attempted second-degree murder and battery. Scaife contends that his trial attorney was ineffective and that such ineffectiveness is apparent from the face of the record. We conclude that the viability of Scaife s ineffective assistance claim is not apparent from the face of the record. We therefore affirm Scaife s judgments and sentences without prejudice to his right to again raise the issue in a properly filed postconviction motion, if appropriate. Affirmed. BLUE, C.J., and DAVIS, J., Concur. -2-

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