WILLIE JAMES JONES
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-03-15
No. 18-2953
Evander, C.J., Grosshans, J., Sasso, J.
266 So. 3d 1248 Florida District Court of Appeal, Fifth District (2019)

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Holding

Appellate counsel was ineffective for failing to appeal the denial of a meritorious motion for judgment of acquittal.


Headnotes

[1] Appellate counsel's failure to raise a meritorious motion for judgment of acquittal constitutes ineffective assistance of counsel warranting habeas relief.

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Key Quotes

“Because a new appeal would be redundant, we remand with directions for the trial court to vacate Delgado's judgment and sentence . . . on count two.”

Court citing Delgado v. State for the proposition that when appellate counsel fails to raise a meritorious issue, remand for judgment of acquittal is appropriate rather than ordering a new appeal.

Facts & Procedural History

Willie James Jones was convicted and his appellate counsel failed to appeal the trial court's denial of his motion for judgment of acquittal. The moti…

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Opinion of the Court
Evander

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

WILLIE JAMES JONES,

Petitioner,

v. Case No. 5D18-2953

STATE OF FLORIDA,

Respondent.

________________________________/

Opinion filed March 15, 2019

Petition Alleging Ineffective Assistance of Appellate Counsel, A Case of Original Jurisdiction.

Willie James Jones, Lake Butler, pro se.

Ashley Moody, Attorney General, Tallahassee, and, Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee

PER CURIAM.

Willie Jones petitions for a writ of habeas corpus, alleging, inter alia, that his appellate counsel was ineffective for failing to appeal the denial of his motion for judgment of acquittal. We grant the writ. Pursuant to our decision in Clay v. State, 226 So. 3d 346 (Fla. 5th DCA 2017), the motion for judgment of acquittal was meritorious. Because a second appeal would be redundant, we remand for the trial court to enter a judgment of acquittal. See Delgado v. State, 174 So. 3d 1071, 1074 (Fla. 5th DCA 2015) (“Because

2

a new appeal would be redundant, we remand with directions for the trial court to vacate Delgado’s judgment and sentence . . . on count two.”)

PETITION GRANTED; REMANDED with instructions.

EVANDER, C.J., GROSSHANS and SASSO, JJ., concur.


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