
    Charles Edward MOSLEY, Appellant, v. STATE of Florida, Appellee.
    No. 88-1858.
    District Court of Appeal of Florida, Fourth District.
    Nov. 15, 1989.
    Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.
    Robert A. Butterworth, Atty. Gen., Tallahassee, and John M. Koenig, Asst. Atty. Gen., West Palm Beach, for appellee.
   PER CURIAM.

AFFIRMED without prejudice to appellant’s right to seek post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850.

WALDEN and WARNER, JJ., concur.

GARRETT, J., specially concurs with opinion.

GARRETT, Judge,

concurring specially.

All parties agree that the record is devoid as to the reason the victim was in jail during appellant’s trial. I believe, whatever the reason, the victim’s incarceration should have been an area of inquiry by appellant’s trial counsel. However, I recognize post-conviction relief is the favored procedure to evaluate the effectiveness of trial counsel’s assistance.  