Qavontae MacHell Lang v. State of Florida

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D16-2930
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QAVONTAE MACHELL LANG,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Escambia County.
Darlene F. Dickey, Judge.
June 4, 2018
PER CURIAM.
Appellant, Qavontae MacHell Lang, contends in part that we
should reverse his convictions based on ineffective assistance of
counsel that is apparent on the face of the record. Except in rare
cases, allegations of ineffective assistance of trial counsel must be
raised in a postconviction proceeding brought pursuant to Florida
Rule of Criminal Procedure 3.850, not on direct appeal. See
Barnett v. State, 181 So. 3d 534, 536 (Fla. 1st DCA 2015). We reject
Appellant’s argument that this case meets that rare standard.
While Appellant also raises what he characterizes as a double
jeopardy argument, he challenges his two fifteen-year sentences,
not his convictions. See State v. Williams, 854 So. 2d 215, 217 (Fla.
1st DCA 2003) (noting that a double jeopardy claim “constitutes,
in reality, a challenge to [the appellee’s] convictions rather [than]
his sentence”). Because Appellant did not preserve this argument,
we cannot address it. See Sims v. State, 998 So. 2d 494, 504 (Fla.
2008) (“In Florida, a specific, contemporaneous objection is
necessary to preserve a sentencing error.”). Our disposition does
not preclude Appellant from challenging his sentences in a motion
filed pursuant to Florida Rule of Criminal Procedure 3.800(a). See
Eason v. State, 932 So. 2d 465, 466 (Fla. 1st DCA 2006) (noting
that the appellant, who completed youthful offender boot camp,
argued in his rule 3.800(a) motion that the trial court erred in
sentencing him following his violation of probation). Finally, we
have considered Appellant’s remaining arguments, which we find
to be meritless.
AFFIRMED.
LEWIS, KELSEY, and WINSOR, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Rocco J. Carbone, III, St. Augustine, for Appellant.
Pamela Jo Bondi, Attorney General, Quentin Humphrey,
Assistant Attorney General, Tallahassee, for Appellee.
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