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MARKS v. STATE

No. 82-348.

423 So.2d 1021 (1982)

Franklin E. MARKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 29, 1982.

Attorney(s) appearing for the Case

Malcolm Anderson of Law Offices of Malcolm Anderson, North Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We determine that appellant's First Point on Appeal is without merit. As to his Second Point, appellant may not raise the issue of ineffective assistance of counsel for the first time on appeal. Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980). The issue must first be presented to the trial court and where, as here, trial has been concluded, the appropriate vehicle is a motion for post conviction relief.

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