BURKS v. STATE

No. 3D09-2348.

57 So.3d 972 (2011)

Brandon BURKS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 20, 2011.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Robert Kalter , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Linda S. Katz , Assistant Attorney General, for appellee.

Before RAMIREZ, C.J., and SHEPHERD, J., and SCHWARTZ, Senior Judge.


PER CURIAM.

Appellant Brandon Burks argues in this appeal that defense counsel's failure to object and move for a mistrial when the prosecutor asked the arresting officer whether the defendant made any statements when he had not, constituted ineffective assistance of counsel cognizable on direct appeal. For a claim to be cognizable on direct appeal, the ineffectiveness must be apparent on the face of the record, such that "it would be a waste of judicial resources...

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