JERMEY DALE GARVIN, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Martinez v. State, 123 So. 3d 701 (Fla. 1st DCA 2013)
  …me); Jones v. State, 964 So. 2d 855, 856-57 (Fla. 2d DCA 2007) (“Appellate counsel’s failure to preserve this sentencing error for appellate review by way of a rule 3.800(b)(2) motion constitutes ineffective assistance of counsel.”); Evans v. State, 904 So. 2d 638, 639 (Fla. 1st DCA 2005) (concluding Evans satisfied his burden of demonstrating entitlement to relief because “his appellate counsel was ineffective for failing to preserve the sentencing error by motion pursuant to rule 3.800(b)(2)”). A sentence…
• Riley v. State, 25 So. 3d 1 (Fla. 1st DCA 2008)
  …o simply grant petitioner the relief to which he would be entitled had the issue been raised in the original appeal. See, e.g., Grimsley v. State, 967 So. 2d 1132 (Fla. 2d DCA 2007); Jones v. State, 964 So. 2d 855 (Fla. 2d DCA 2007); Evans v. State, 904 So. 2d 638 (Fla. 1st DCA 2005). In this case, whether the error is fundamental is not in question, the harmless error doctrine is not applicable, and we can discern no other reason why a second appeal would be necessary. We recognize, however, as set out in J…
• Anderson v. State, 988 So. 2d 144 (Fla. 1st DCA 2008)
  …ate counsel’s failure to do so constitutes ineffective assistance. See, e.g., Flowers v. State, 965 So. 2d 1233 (Fla. 1st DCA 2007); Jones v. State, 964 So. 2d 855 (Fla. 2d DCA 2007); Mack v. State, 955 So. 2d 51 (Fla. 1st DCA 2007); Evans v. State, 904 So. 2d 638 (Fla. 1st DCA 2005). Finally, the state suggests that the remedy available to petitioner is limited to a new direct appeal in order to determine the merits of any issue that should have been raised in the original appeal. However, where a second a…

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