ROBERT PERI, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ROBERT PERI, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
458 So. 2d 62
Florida District Court of Appeal, Third District (1984)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The defendant appeals from the denial of a Fla.R.Crim.P. 3.850 motion based on the alleged ineffectiveness of appellate counsel. See Peri v. State, 412 So. 2d 367 (Fla. 3d DCA 1981). Because this claim may be asserted only in a habeas corpus proceeding in the appellate court, Smith v. State, 400 So. 2d 956 (Fla.1981); Knight v. State, 394 So. 2d 997 (Fla.1981), the order under review is affirmed without prejudice to the filing of such a petition.1
. We do not believe that the record before us renders it appropriate to treat the present appeal as such a petition, as the appellant suggests. Cf. Smith v. State, supra; Roberts v. State, 378 So. 2d 887 (Fla. 1st DCA 1979).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Martinez v. State, 655 So. 2d 166 (Fla. 3d DCA 1995)…rt and remanded with directions. Habeas corpus denied, rule 3.850 motion affirmed in part, reversed in part and remanded with directions. . Ineffective assistance of appellate counsel is properly raised by writ of habeas corpus. See Peri v. State, 458 So. 2d 62 (Fla. 3d DCA 1984). .Those four steps are: First, the specific omission or overt act upon which the claim of ineffective assistance of counsel is based must be detailed in the appropriate pleading. Second, the defendant has the burden to show tha…
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McCULLUM v. State, 498 So. 2d 1374 (Fla. 3d DCA 1986)…the lack of an objection by defense counsel before the trial court. This being so, we find it appropriate to treat the instant appeal as a petition for writ of habeas corpus, see [*1376] Smith v. State 400 So. 2d 956, 960 (Fla.1981); Peri v. State, 458 So. 2d 62 (Fla. 3d DCA 1984); White v. State, 456 So. 2d 1302 (Fla. 2d DCA 1984), and grant relief. We are not convinced by the state’s argument that the absence of improper reasons would not have affected the extent of the departure. See Lerma v. State, 497…
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Hernandez v. State, 501 So. 2d 163 (Fla. 3d DCA 1987)…PER CURIAM. We have jurisdiction to consider the petition of Jose Luis Hernandez for a writ of habeas corpus predicated on ineffective assistance of appellate counsel. Smith v. State, 400 So. 2d 956 (Fla.1981); Peri v. State, 458 So. 2d 62 (Fla. 3d DCA 1984); see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). The record demonstrates that appellate counsel failed to provide effective assistance: he did not challenge on direct appeal the sentence imposed…
Authorities Cited
- Knight v. State, 394 So. 2d 997 (Fla. 1981)
- Smith v. State, 400 So. 2d 956 (Fla. 1981)
- Peri v. State, 412 So. 2d 367 (Fla. 3d DCA 1981)
- Roberts v. State, 378 So. 2d 887 (Fla. 1st DCA 1979)
- Deese v. State, 378 So. 2d 887 (Fla. 1st DCA 1979)