Harvey v. State (383 So. 2d 770, 1980)

PER CURIAM.

This is an appeal from the denial, without an evidentiary hearing, of a motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850.

Initially, we note that appellant’s conviction of: (1) robbery; (2) aggravated battery; (3) possession of a firearm by a convicted felon; and (4) possession of a firearm during the commission of a felony were affirmed by this court in Harvey v. State, 362 So.2d 714 (Fla.3d DCA 1978).

Appellant claims he is entitled to relief because: (1) his confession, which was admitted into, evidence, was involuntary; (2) his photographic identification was unduly suggestive; and (3) he received ineffective assistance from his court-appointed counsel.

The first two grounds were matters which could have been raised on direct appeal and thereby are unassailable in a collateral attack on the judgment. Clements v. State, 320 So.2d 44 (Fla.3d DCA 1975); Phillips v. State, 313 So.2d 428 (Fla.3d DCA 1975). The fact that one of the grounds is of constitutional dimension does not mean that a waiver may not occur. Clark v. State, 363 So.2d 331 (Fla.1978); Sanford v. Rubin, 237 So.2d 134 (Fla.1970).

The bare allegation of ineffective assistance of counsel without an allegation of prejudice to the defendant does not require an evidentiary hearing on a motion to vacate. State v. Barton, 194 So.2d 241 (Fla.1967); Bell v. State, 164 So.2d 28 (Fla.2d DCA 1964).

Affirmed.