SCOTT A. BURNSIDE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
Scott A. Burnside petitions for a writ of habeas corpus seeking a belated appeal because his privately retained attorney failed to file an initial brief. Appellate counsel’s failure to file an initial brief is clearly below the norm of professionally acceptable performance. See P.M.W. v. State, 678 So. 2d 484 (Fla. 5th DCA 1996); Rooney v. State, 682 So. 2d 212 (Fla. 5th DCA 1994). We grant the petition, reinstate Burnside’s appeal in this court’s ease number 97-2884 and relinquish jurisdiction to the trial court for a period of 30 days to appoint substitute appellate counsel. The newly appointed counsel shall have 30 days from the date of appointment by the trial court to file appellant’s initial brief.
WRIT ISSUED; REMANDED.
GRIFFIN, C.J., and W. SHARP and PETERSON, JJ., concur.
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Spivey v. State, 827 So. 2d 390 (Fla. 5th DCA 2002)…ed, counsel of record faded to respond to this court’s order to pay the filing fee or obtain a certificate of indigen-cy. The result was dismissal of the direct appeal. This constitutes ineffective assistance of appellate counsel. Burnside v. State, 720 So. 2d 269 (Fla. 5th DCA 1998); Johnson v. State, 719 So. 2d 986 (Fla. 5th DCA 1998). Accordingly, we grant Spivey’s petition, for a belated appeal and reinstate petitioner’s appeal in case number 5D02-716. We also relinquish jurisdiction to the trial court…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Deter v. Liberty Nat'l Bank, 678 So. 2d 484 (Fla. 5th DCA 1996)
- P.M.W. v. State, 678 So. 2d 484 (Fla. 5th DCA 1996)