GERALD JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1997-06-04
No. 97-1367
STONE, WARNER and STEVENSON, JJ., concur.
694 So. 2d 159 Florida District Court of Appeal, Fourth District (1997) Positive Treatment
Cited by 10 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Gerald Johnson appeals an order denying his post-conviction motion in which he alleged reversible error and ineffective assistance of his appellate counsel. The trial court properly denied the motion, because neither allegation is a proper subject for a motion filed pursuant to rule 3.850, Florida Rules of Criminal Procedure.

A claim of ineffective assistance of appellate counsel must be raised in a petition for writ of habeas corpus filed in the appellate court. Because rule 9.040(c), Florida Rules of Appellate Procedure, permits this court to treat a case as if the proper remedy had been invoked, we have treated this appeal as a petition for writ of habeas corpus and have considered the merits of Johnson’s ineffective assistance claim. The petition is hereby denied.

STONE, WARNER and STEVENSON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Davidson v. Davidson, 882 So. 2d 418 (Fla. 4th DCA 2004)
    …provided the evidence reflects (1) a justification for such lump sum payment and (2) financial ability of the other spouse ' to make such payment without substantially endangering his or her economic status.” Id. at 1201; see also Karrer v. Karrer, 694 So. 2d 159, 160 (Fla. 3d DCA 1997) (finding that if the husband converted his retirement pension to disability, the wife would be entitled to lump sum alimony in an amount equal to what she would have received from the pension). Here, the trial court ordered…
  • Johnson v. State, 3 So. 3d 426 (Fla. 4th DCA 2009)
    …his is because a petition for writ of habeas corpus alleging ineffective assistance of appellate counsel must be filed “in the appellate court to which the appeal was or should have been taken.” Fla. R.App. P. 9.141(c)(2); see also Johnson v. State, 694 So. 2d 159, 159 (Fla. 4th DCA 1997). Pursuant to Florida Rule of Appellate Procedure 9.040(c), which “permits this court to treat a case as if the proper remedy has been invoked,” we treat “this appeal as a petition for writ of habeas corpus.” Johnson, 694 S…
  • Gibbs v. State, 695 So. 2d 949 (Fla. 4th DCA 1997)
    …9.140(j), Florida Rules of Appellate Procedure (1997), provides for habeas petitions seeking belated appeal to be filed in this court, we treat ground II of appellant’s rule 3.850 motion as such a petition filed in this court. See Johnson v. State, 694 So. 2d 159 (Fla. 4th DCA 1997); see also Leath v. State, 694 So. 2d 855 (Fla. 4th DCA 1997). Appellee does not contest the factual allegations made by appellant, so it is unnecessary to appoint a commissioner to make a report and recommendation to this court.…

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