JEAN COTY RIDORE v. THE STATE OF FLORIDA

Third District Court of Appeal
State of Florida
Opinion filed May 3, 2023.
Not final until disposition of timely filed motion for rehearing.
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No. 3D22-2004
Lower Tribunal No. F15-20650
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Jean Coty Ridore,
Appellant,
vs.
The State of Florida,
Appellee.
An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from
the Circuit Court for Miami-Dade County, Thomas J. Rebull, Judge.
Jean Coty Ridore, in proper person.
Ashley Moody, Attorney General, and Richard L. Polin, Assistant
Attorney General, for appellee.
Before SCALES, MILLER, and BOKOR, JJ.
MILLER, J.
Appellant, Jean Coty Ridore, appeals the dismissal of his successive
motion for postconviction relief filed pursuant to Florida Rule of Criminal
Procedure 3.850. In the motion, appellant asserted a myriad of errors at the
trial level and alleged that his appellate attorney “opted to raise a single issue
that was not properly preserved for appellate review and the issue was not
made part of the evidence/record while [he or she] totally ignored the issues
that were properly preserved.” It is axiomatic that a motion for postconviction
relief is not a second appeal and cannot be used to litigate issues that could
have been raised on direct appeal or in prior postconviction proceedings.
Smith v. State, 445 So. 2d 323, 325 (Fla. 1983) (“Issues which either were
or could have been litigated at trial and upon direct appeal are not cognizable
through collateral attack.”); Everett v. State, 928 So. 2d 1241, 1242 (Fla. 3d
DCA 2006) (“A defendant seeking postconviction relief is procedurally barred
from raising claims that he could have raised and should have raised on
direct appeal.”). Accordingly, we affirm without prejudice to any right
appellant may have to file a petition pursuant to Florida Rule of Appellate
Procedure 9.141(c), alleging ineffective assistance of appellate counsel.
Affirmed.
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