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SHEPPARD v. STATE

No. 5D99-3381.

781 So.2d 1195 (2001)

Carl SHEPPARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 12, 2001.

Attorney(s) appearing for the Case

Carl Sheppard, Bristol, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.

PLEUS, J.

Carl Sheppard appeals the summary denial of his motion for post-conviction relief. He claims ineffective assistance of counsel. Although Sheppard appealed his judgment and sentence in this case, he failed to raise the issue on direct appeal which he now asserts in his 3.850 motion. Thus, he is procedurally barred. See Rutherford v. Moore, 774 So.2d 637, 647 (Fla.2000);

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