GAEL O'RIORDEN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
We grant the petition for writ of habeas corpus as petitioner claims and respondent agrees that petitioner received ineffective assistance of appellate counsel. Futch v. State, 420 So. 2d 905 (Fla. 3d DCA 1982). Petitioner’s appellate counsel failed to file a timely initial brief resulting in dismissal of his appeal. There is no question that this was below the norm of professionally acceptable standards of performance. See Baggett v. Wainwright, 229 So. 2d 239 (Fla.1969), abrogated on different grounds, State v. District Court of Appeal of Florida, 569 So. 2d 439 (Fla.1990).
As a remedy for the deprivation of his first appeal, the petitioner may file a belated notice of appeal in the circuit court within thirty days of this opinion to reinsti-tute appellate proceedings which shall thereafter proceed in accordance with the Rules of Appellate Procedure.
GLICKSTEIN, C.J., and STONE and WARNER, 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
- Baggett v. Louie L. Wainwright, 229 So. 2d 239 (Fla. 1969)
- State v. Dist. Court of Appeal of Fla., 569 So. 2d 439 (Fla. 1990)
- Henry v. Louie L. Wainwright, 420 So. 2d 905 (Fla. 1st DCA 1982)
- Futch v. State, 420 So. 2d 905 (Fla. 3d DCA 1982)