DEMARCO v. STATE

No. 2D09-4131.

31 So.3d 975 (2010)

Heath A. DEMARCO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 16, 2010.


NORTHCUTT, Judge.

Heath A. Demarco seeks review of a final order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Demarco raises one claim of ineffective assistance of counsel for counsel's failure to raise the issue of Demarco's competency to participate in the legal proceedings. The postconviction court construed Demarco's claim as one raising trial court error in failing to make a determination of incompetency...

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