JACKY GILBERT
v.
STATE OF FLORIDA

Fla. 1st DCA | 2021-04-14
No. 20-3606
315 So. 3d 791 Florida District Court of Appeal, First District (2021) Positive Treatment
Cited by 5 cases
Topics
Ineffective Assistance Of Appellate Counsel

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Opinion of the Court
Ray

PER CURIAM.

The petition alleging ineffective assistance of appellate counsel alleges ineffective assistance of Petitioner’s postconviction appellate counsel in case 1D18-4111. As Florida Rule of Appellate Procedure 9.141(d) does not provide a vehicle to challenge postconviction appellate counsel’s effectiveness, the petition is dismissed. See Fla. R. App. P. 9.141(d)(5) (indicating that such a petition is available to challenge the effectiveness of “appellate counsel on direct review”); cf. Hunter v. State, 48 So. 3d 836 (Fla. 2010). RAY, C.J., and TANENBAUM and LONG, JJ., concur. _____________________________

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