BROWN
v.
STATE OF FLORIDA
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A cognizable claim for ineffective assistance of appellate counsel cannot exist when the appellate court has affirmed the conviction following the mandated Anders process.
[1] An appellate court's affirmance of a conviction following the mandated Anders process precludes a cognizable claim for ineffective assistance of appellate counsel, as the…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“There simply cannot be a cognizable claim for ineffective assistance of appellate counsel in this situation. . . . Under this mandated [Anders] process, an affirmance by the appellate court in essence is the court's determination that the appellant has received his constitutionally guaranteed right to effective assistance from [appellate] counsel.”
Court's reasoning for dismissal, citing Mack v. State, 380 So. 3d 1248, 1248-49 (Fla. 1st DCA 2024)
Brown, proceeding pro se, filed a petition alleging ineffective assistance of appellate counsel in the First District Court of Appeal.…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
ANTWANN D. BROWN, Petitioner,
V.
STATE OF FLORIDA, Respondent.
No. 1D2025-1887
Petition Alleging Ineffective Assistance of Appellate Counsel- Original Jurisdiction.
April 29, 2026
PER CURIAM.
DISMISSED. See Mack v. State, 380 So. 3d 1248, 1248-49 (Fla. 1st DCA 2024) (“There simply cannot be a cognizable claim for ineffective assistance of appellate counsel in this situation. . . . Under this mandated [Anders] process, an affirmance by the appellate court in essence is the court’s determination that the appellant has received his constitutionally guaranteed right to effective assistance from [appellate] counsel.”).
ROWE, WINOKUR, and M.K. THOMAS, JJ., concur.