MARIANNE RIVERA
v.
STATE OF FLORIDA
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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.
[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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Join FLexlaw to unlock all legal intelligenceMarianne Rivera filed a petition in the appellate court alleging ineffectiveness of her appellate counsel. The State conceded the petition.…
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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.