VICTOR JOHNSON, PETITIONER,
v.
MICHAEL MOORE, ET AL., RESPONDENTS
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PER CURIAM.
Victor Johnson filed a petition for writ of habeas corpus which alleges that his appellate counsel rendered ineffective assistance in connection with his direct appeal. In that appeal, counsel filed a motion to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), certifying that there were no arguable issues for reversal of either the conviction or the probation revocation that resulted from Johnson’s plea agreement with the state. Johnson was given the opportunity to file his own brief identifying any matter that he felt this court should address, but he did not do so. This court then conducted its own independent review of the record, and after finding no basis for reversal, dismissed the appeal.
Because the Anders procedure gave Johnson the opportunity to make any argument that he believed his attorney should have raised, he cannot now seek relief by alleging ineffective assistance. Such allegations cannot be used to obtain additional appeals of issues that could have been raised on direct appeal. See Mills v. Dugger, 574 So. 2d 63, 65 (Fla.1990).
PETITION DENIED.
WARNER, C.J., SHAHOOD and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Barber v. State, 918 So. 2d 1013 (Fla. 2d DCA 2006)…ce of appellate counsel where appellate counsel filed an Anders [*1016] brief in the direct appeal. See Ortiz v. State, 905 So. 2d 1016 (Fla. 2d DCA 2005); York v. State, 891 So. 2d 569 (Fla. 2d DCA 2004). We note, however, that in Johnson v. Moore, 744 So. 2d 1042, 1043 (Fla. 4th DCA 1999), the Fourth District held that “[b]ecause the Anders procedure gave Johnson the opportunity to make any argument that he believed his attorney should have raised he cannot now seek relief by alleging ineffective assistance…1 / 2
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Fletcher E. Hollinger v. State, 749 So. 2d 534 (Fla. 5th DCA 1999)…ichardson issue in his brief (which he did not file) after his defense counsel filed an Anders brief on his behalf, and thus conclude that he has waived that issue for purposes of bringing a collateral attack on his conviction. See Johnson v. Moore, 744 So. 2d 1042 (Fla. 4th DCA 1999); Mills v. Dugger, 574 So. 2d 63, 65 (Fla.1990). This view would certainly reduce the number of cases in which this court must review habeas petitions alleging ineffective appellate counsel, for indigent criminal defendants. Howev…
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Donell Jackson v. State, 946 So. 2d 83 (Fla. 4th DCA 2006)…ief identifying any matter that he felt this court should address, but he did not do so. This court then conducted its own independent review of the rec [*84] ord, and after finding no basis for reversal, dismissed the appeal. In Johnson v. Moore, 744 So. 2d 1042 (Fla. 4th DCA 1999), this court held that a defendant whose counsel has withdrawn under Anders, and who has failed to file his own brief, cannot seek relief for ineffective assistance of appellate counsel. Two of our sister courts have disagreed wit…1 / 2
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Mills v. Dugger, 574 So. 2d 63 (Fla. 1990)