Flagg v. State, No. 99-1080.

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM.
Citation733 So.2d 1118
Docket NumberNo. 99-1080.
Decision Date26 May 1999
PartiesIisaman FLAGG, Appellant, v. STATE of Florida, Appellee.

733 So.2d 1118

Iisaman FLAGG, Appellant,
v.
STATE of Florida, Appellee.

No. 99-1080.

District Court of Appeal of Florida, Fourth District.

May 26, 1999.


Iisaman Flagg, Immokalee, pro se.

No appearance required for appellee.

PER CURIAM.

Iisaman Flagg appeals from an order which summarily denied his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, he claimed he was denied effective assistance of counsel based on his counsel's failure to investigate and pursue the defense of voluntary intoxication or diminished capacity. However, Flagg's motion contained no factual allegations, and those allegations in his memorandum of law were not verified. As such, we affirm the trial court's denial of his motion, without prejudice to Flagg's right to file a timely and properly verified motion on this point. See Fla. R.Crim. P. 3.850; Fla. R.Crim. P. 3.987; Peavy v. State, 599 So.2d 234 (Fla. 1st DCA 1992). Flagg alternatively claimed he was denied effective

733 So.2d 1119
assistance based on his counsel's failure to object to the state's peremptory challenge of a prospective juror on racial grounds. As this claim merely reargued the same challenge that was raised and rejected on Flagg's prior direct appeal, we affirm with prejudice on this ground.

AFFIRMED.

POLEN, FARMER and GROSS, JJ., concur.

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2 practice notes
  • Steele v. State, No. 99-0300.
    • United States
    • Court of Appeal of Florida (US)
    • May 26, 1999
    ...to alert DOC that the prisoner is entitled to credit for time actually served and any gain time that has not been forfeited). Appellant's 733 So.2d 1118 motion did not indicate whether he exhausted his administrative remedies with DOC. Accordingly, this affirmance is without prejudice to th......
  • Sampson v. State, No. 2D01-1445.
    • United States
    • Court of Appeal of Florida (US)
    • August 22, 2001
    ...court's order without prejudice to Sampson's right to file a facially sufficient motion for postconviction relief. See Flagg v. State, 733 So.2d 1118 (Fla. 4th DCA Affirmed. FULMER, A.C.J., and GREEN, J., Concur. ...
2 cases
  • Steele v. State, No. 99-0300.
    • United States
    • Court of Appeal of Florida (US)
    • May 26, 1999
    ...to alert DOC that the prisoner is entitled to credit for time actually served and any gain time that has not been forfeited). Appellant's 733 So.2d 1118 motion did not indicate whether he exhausted his administrative remedies with DOC. Accordingly, this affirmance is without prejudice to th......
  • Sampson v. State, No. 2D01-1445.
    • United States
    • Court of Appeal of Florida (US)
    • August 22, 2001
    ...court's order without prejudice to Sampson's right to file a facially sufficient motion for postconviction relief. See Flagg v. State, 733 So.2d 1118 (Fla. 4th DCA Affirmed. FULMER, A.C.J., and GREEN, J., Concur. ...

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