711 So. 2d 1220 | Fla. Dist. Ct. App. | 1998
Harris petitions this court for the issuance of a writ of habeas corpus, seeking a belated appeal of his 1994 convictions for burglary of
We deny the writ because we find no merit to Harris’ argument that in either appeal Ms appellate counsel was ineffective. Harris contends his appellate counsel should have argued the trial court erred in denying his motion to suppress evidence procured as the result of a stop, because it was made by a police officer outside his jurisdiction. However, at trial, the defense oMy argued that the officer should have procured a warrant prior to searching Harris’ car, and that was the reason the evidence should have been suppressed. Thus, the jurisdiction issue was not preserved for appeal purposes, since it was not argued to the trial court. Appellate counsel cannot be faulted for having failed to raise an issue which was not preserved for appellate review. Medina v. Dugger, 586 So.2d 317 (Fla.1991); Lambrix v. Dugger, 529 So.2d 1110 (Fla.1988).
Petition for Writ of Habeas Corpus DENIED.