PATRICK CARTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PATRICK CARTER, APPELLANT,
STATE OF FLORIDA, APPELLEE
611 So. 2d 623
Florida District Court of Appeal, Fourth District (1993)
Positive Treatment
Cited by 2 cases
Opinion of the Court
LETTS, Judge.
Without further comment, we vacate the probation violation sentence and remand this cause for resentencing on the authority of State v. Perko, 588 So. 2d 980 (Fla.1991); State v. Green, 547 So. 2d 925 (Fla.1989) and Washington v. State, 596 So. 2d 815 (Fla. 4th DCA 1992).
REVERSED AND REMANDED.
HERSEY and DELL, JJ., concur.
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Rooney v. State, 632 So. 2d 212 (Fla. 5th DCA 1994)…l because his court-appointed attorney twice failed to file an initial brief. The first failure was cured by the reinstatement of a dismissed appeal that was again dismissed because of counsel’s second failure to file a brief. In O’Riorden v. State, 611 So. 2d 623 (Fla. 4th DCA 1993), the court held that failing to timely file an initial brief was clearly below the norm of professionally acceptable performance. See also Kelley v. State, 557 So. 2d 694 (Fla. 4th DCA 1990). We grant the petition, reinstate Ro…
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Young v. State, 638 So. 2d 634 (Fla. 4th DCA 1994)…PER CURIAM. The petition for writ of habeas corpus is granted. See O’Riorden v. State, 611 So. 2d 623 (Fla. 4th DCA 1993). In O’Riorden, this court granted a writ of habeas corpus on the grounds of ineffectiveness of counsel where the petitioner’s appellate counsel failed to file a timely initial brief resulting in dismissal of his appeal. As a re…
Authorities Cited
- State v. Green, 547 So. 2d 925 (Fla. 1989)
- State v. Perko, 588 So. 2d 980 (Fla. 1991)
- Washington v. State, 596 So. 2d 815 (Fla. 4th DCA 1992)