MARIANNE RIVERA
v.
STATE OF FLORIDA

Fla. 5th DCA | 2021-06-18
No. 21-0925
Evander, C.J., Sasso, J., Wozniak, J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

A petition alleging ineffectiveness of appellate counsel should be granted and the direct appeal reinstated with jurisdiction relinquished to the trial court to consider appointment of appellate counsel.


Headnotes

[1] A petition alleging ineffectiveness of appellate counsel may be granted and the direct appeal reinstated with jurisdiction relinquished to the trial court to consider the…

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Facts & Procedural History

Marianne Rivera filed a petition in the appellate court alleging ineffectiveness of her appellate counsel. The State conceded the petition.…

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Opinion of the Court
Jurisdiction Relinquished. 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

MARIANNE RIVERA,

Petitioner,

v. Case No. 5D21-925

STATE OF FLORIDA,

Respondent.

________________________________/

Opinion filed June 18, 2021

Petition Alleging Ineffectiveness of Appellate Counsel, A Case of Original Jurisdiction.

Marianne Rivera, Ocala, pro se.

Ashley Moody, Attorney General, Tallahassee, and Richard A. Pallas, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Pursuant to Mann v. State, 264 So. 3d 300 (Fla. 5th DCA 2019), and consistent with the State’s concession, we grant the petition and reinstate the direct appeal in Case No. 5D19-1304. Additionally, we relinquish

2

jurisdiction to the trial court for a period of thirty days to consider and rule on Petitioner’s motion for appointment of appellate counsel.

PETITION GRANTED; JURISDICTION RELINQUISHED.

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


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