Scott v. State, AN-413
| Decision Date | 08 December 1982 |
| Docket Number | No. AN-413,AN-413 |
| Parties | Nathaniel Charles SCOTT, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Nathaniel Charles Scott, pro se, appellant.
No appearance for appellee.
In a motion for post-conviction relief pursuant to Fla.R.Crim.P. 3.850, appellant asserted four errors:
(1) conviction obtained using evidence obtained pursuant to an unlawful arrest;
(2) conviction obtained by violating privilege against self-incrimination;
(3) denial of effective assistance of counsel;
(4) plea of guilty involuntarily entered, without understanding of consequences.
The first two issues could have been raised on direct appeal and are not properly addressed in a motion for post-conviction relief. See Goode v. State, 403 So.2d 931 (Fla.1981); Kilpatrick v. State, 422 So.2d 934 (Fla. 1st DCA 1982). Questions regarding the effectiveness of assistance of counsel and the voluntariness of a guilty plea are properly raised in a Rule 3.850 motion, however, in denying the motion the trial court attached portions of the record which show conclusively that appellant is not entitled to relief.
AFFIRMED.
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