Bell 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 OSCAR BELL, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) _____________________________________ ) Case No. 2D07-4570 Opinion filed April 9, 2008. Appeal from the Circuit Court for Polk County; Dick Prince, Judge. James Marion Moorman, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant. Oscar Bell, pro se. Bill McCollum, Attorney General, Tallahassee, and Sara Elizabeth Macks, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. Oscar Bell appeals his conviction and sentence following his no contest plea for one count of possession of cocaine. Bell filed a pro se brief in addition to the Anders brief filed by the Public Defender. See Anders v. California, 386 U.S. 738 (1967), and In re Anders Briefs, 581 So. 2d 149 (Fla. 1991). The only issue raised in Bell s pro se brief is a claim of ineffective assistance of counsel. We affirm the conviction and sentence. We decline to rule on Bell s ineffective assistance of counsel claim on direct appeal; however, this holding is without prejudice to Bell raising his ineffective assistance of counsel claim in a subsequently filed motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850, within the time remaining under rule 3.850(b). STRINGER and KELLY, JJ., and DAKAN, STEPHEN L., ASSOCIATE SENIOR JUDGE, Concur.

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