MICHAEL BOYINGTON
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-11-06
No. 18-2372
Roberts, J., Makar, J., Bilbrey, J.
257 So. 3d 157 Florida District Court of Appeal, First District (2018)

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Holding

A petition alleging ineffective assistance of appellate counsel must be dismissed when it is untimely and successive under Fla. R. App. P. 9.141(d)(5) and (d)(6)(C).


Headnotes

[1] A petition alleging ineffective assistance of appellate counsel may be dismissed as untimely and successive under Florida Rules of Appellate Procedure 9.141(d)(5) and (d)…

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Facts & Procedural History

Michael Boyington, proceeding pro se, filed a petition in the First District Court of Appeal alleging ineffective assistance of appellate counsel.…

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Opinion of the Court
Bilbrey

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-2372 _____________________________

MICHAEL BOYINGTON,

Petitioner,

v.

STATE OF FLORIDA,

Respondent. _____________________________ Petition Alleging Ineffective Assistance of Appellate Counsel— Original Jurisdiction.

November 6, 2018

PER CURIAM. The petition alleging ineffective assistance of appellate counsel is dismissed as an untimely, successive petition. See Fla. R. App. P. 9.141(d)(5) and (d)(6)(C). ROBERTS, MAKAR, and BILBREY, JJ., concur.

2

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Michael Boyington, pro se, Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.


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