RICHARD BLANE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
RICHARD BLANE, PETITIONER,
STATE OF FLORIDA, RESPONDENT
987 So. 2d 241
Florida District Court of Appeal, First District (2008)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Petitioner presents a timely claim of ineffective assistance of appellate counsel. The state concedes that appellate counsel was ineffective for failing to obtain transcripts of hearings concerning petitioner’s request to discharge counsel and for failing to argue that the trial court failed to renew the offer of counsel at sentencing as required by Florida Rule of Criminal Procedure 3.111(d)(5). See Traylor v. State, 596 So. 2d 957 (Fla.1992). We grant petitioner a new appeal. A copy of this opinion shall be filed with the trial court and treated as the notice of appeal. If petitioner qualifies for appointed counsel, the trial court shall appoint new counsel to represent petitioner on appeal.
ALLEN, DAVIS, and HAWKES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Henretty v. State, 146 So. 3d 55 (Fla. 1st DCA 2014)…Beard v. State, 751 So. 2d 61, 62 (Fla. 2d DCA 1999). Therefore, the petitioner’s appellate counsel rendered ineffective assistance of appellate counsel by failing to raise this issue. See Traylor v. State, 596 So. 2d 957 (Fla.1992); Blane v. State, 987 So. 2d 241 (Fla. 1st DCA 2008); see also Miller v. State, 887 So. 2d 437 (Fla. 1st DCA 2004). We grant the petitioner a new appeal. A copy of this opinion shall be filed with the trial court and treated as the notice of appeal. If the petitioner qualifies fo…
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Williams v. State, 215 So. 3d 1248 (Fla. 5th DCA 2017)…575 (Fla. 2008). Thus, appellate counsel provides ineffective assistance by not raising the issue on appeal. Henretty v. State, 146 So. 3d 55, 56 (Fla. 1st DCA 2014) (finding appellate counsel ineffective and ordering a new appeal); Blane v. State, 987 So. 2d 241, 241 (Fla. 1st DCA 2008) (same). The record reflects that the trial court offered to appoint Williams counsel at the outset of the violation of probation hearing, but Williams declined. However, after finding that Williams violated his probation, t…
Authorities Cited
- Traylor v. State, 596 So. 2d 957 (Fla. 1992)