ROBERT KLECKLEY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
ROBERT KLECKLEY, PETITIONER,
STATE OF FLORIDA, RESPONDENT
810 So. 2d 1081
Florida District Court of Appeal, Fourth District (2002)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This case involves Robert Kleckley’s petition for writ of habeas corpus alleging ineffective assistance of appellate counsel for failing to order or have transcribed the sentencing transcripts. Kleckley alleges that when the trial court pronounced his sentence, it failed to orally pronounce his sentence under 10-20 Life, and as a habitual offender. We find Kleckley’s petition legally sufficient, and grant relief. Compare Thompson v. State, 759 So. 2d 650 (Fla.2000).
On remand, the trial court may appoint appellate counsel to assist Kleckley with preparing the record on appeal and his initial brief. The appeal is to address sentencing only.
POLEN, C.J., GROSS and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ingrassia v. Thompson, 843 So. 2d 986 (Fla. 4th DCA 2003)…F. 2d 598, 599 (5th Cir.1966)(citing Ex parte Royall, 117 U.S. 241, 6 S.Ct. 734, 29 L.Ed. 868 (1886)). The finding of ineffective assistance of appellate counsel does not necessarily dictate the ordering of a new trial. See, e.g., Kleckley v. State, 810 So. 2d 1081 (Fla. 4th DCA 2002); Wyatt v. State, 697 So. 2d 1289 (Fla. 5th DCA 1997). We therefore grant a belated appeal restricted to this single issue where both the defense and the State may fully brief the issue. STEVENSON, J., concurs. STONE, J., dissen…
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Wilson v. State, 835 So. 2d 1215 (Fla. 4th DCA 2003)…e, therefore, find the petition legally sufficient and grant relief. The conviction and sentence are reversed as to the charge of possession of cannabis with intent to deliver and, as to that charge, we remand for a new trial. See Kleckley v. State, 810 So. 2d 1081 (Fla. 4th DCA 2002); Moment v. State, 785 So. 2d 717 (Fla. 4th DCA 2001). STEVENSON and SHAHOOD, JJ., concur.…
Authorities Cited
- Thompson v. State, 759 So. 2d 650 (Fla. 2000)