WILLIE JAMES JONES
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Appellate counsel was ineffective for failing to appeal the denial of a meritorious motion for judgment of acquittal.
[1] Appellate counsel's failure to raise a meritorious motion for judgment of acquittal constitutes ineffective assistance of counsel warranting habeas relief.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because a new appeal would be redundant, we remand with directions for the trial court to vacate Delgado's judgment and sentence . . . on count two.”
Court citing Delgado v. State for the proposition that when appellate counsel fails to raise a meritorious issue, remand for judgment of acquittal is appropriate rather than ordering a new appeal.
Willie James Jones was convicted and his appellate counsel failed to appeal the trial court's denial of his motion for judgment of acquittal. The moti…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Strickland Standard For Ineffective Assistance cases and more on FLexlaw
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
WILLIE JAMES JONES,
Petitioner,
v. Case No. 5D18-2953
STATE OF FLORIDA,
Respondent.
________________________________/
Opinion filed March 15, 2019
Petition Alleging Ineffective Assistance of Appellate Counsel, A Case of Original Jurisdiction.
Willie James Jones, Lake Butler, pro se.
Ashley Moody, Attorney General, Tallahassee, and, Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee
PER CURIAM.
Willie Jones petitions for a writ of habeas corpus, alleging, inter alia, that his appellate counsel was ineffective for failing to appeal the denial of his motion for judgment of acquittal. We grant the writ. Pursuant to our decision in Clay v. State, 226 So. 3d 346 (Fla. 5th DCA 2017), the motion for judgment of acquittal was meritorious. Because a second appeal would be redundant, we remand for the trial court to enter a judgment of acquittal. See Delgado v. State, 174 So. 3d 1071, 1074 (Fla. 5th DCA 2015) (“Because
2
a new appeal would be redundant, we remand with directions for the trial court to vacate Delgado’s judgment and sentence . . . on count two.”)
PETITION GRANTED; REMANDED with instructions.
EVANDER, C.J., GROSSHANS and SASSO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Delgado v. State, 174 So. 3d 1071 (Fla. 5th DCA 2015)
- Clay v. State, 226 So. 3d 346 (Fla. 5th DCA 2017)