JOHNNY LESLIE SIMMONS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
JOHNNY LESLIE SIMMONS, PETITIONER,
STATE OF FLORIDA, RESPONDENT
827 So. 2d 390
Florida District Court of Appeal, Fifth District (2002)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Johnny Leslie Simmons seeks from this court a writ of mandamus. We deny his petition without prejudice as premature. His petition was filed in this court on August 20, 2002, but the underlying motion to vacate, set aside or correct sentence was filed in the trial court on July 23, 2002, less than one month earlier. This is not an unreasonable delay on the part of the trial court in ruling on the underlying motion.
PETITION DENIED.
SHARP, W., HARRIS and GRIFFIN, JJ., concur.
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Pineiro v. State, 976 So. 2d 1186 (Fla. 5th DCA 2008)…ey’s failure to ensure that the appellate filing fee is paid or that an order of insolvency is entered (where such a failure leads to the dismissal of an otherwise timely appeal) with ineffective assistance of appellate counsel. See Spivey v. State, 827 So. 2d 390 (Fla. 5th DCA 2002); Wyatt v. State, 697 So. 2d 1289 (Fla. 5th [*1188] DCA 1997); see also Burnside v. State, 720 So. 2d 269 (Fla. 5th DCA 1998) (reinstating appeal because appellate counsel was ineffective for failing to file an initial brief); Joh…
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Grimes v. State, 82 So. 3d 847 (Fla. 4th DCA 2011)…filing fee or to file a circuit court clerk’s determination of indi-gency status. As a result, the petitioner’s direct appeal, case number 4D09-4240, was dismissed. This alone constitutes ineffective assistance of appellate counsel. Spivey v. State, 827 So. 2d 390 (Fla. 5th DCA 2002). The petitioner then filed with the circuit court a pro se motion for the appointment of the public defender’s office as appellate counsel, attaching his completed application for criminal indigent status. The trial court adjudg…