CHARLES M. PORTER
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-03-25
No. 22-0198
Evander, J., Wallis, J., Sasso, J.
Florida District Court of Appeal, Fifth District (2022)

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Holding

Florida Rule of Appellate Procedure 9.141(d) does not provide a vehicle to challenge the effectiveness of postconviction appellate counsel.


Headnotes

[1] Florida Rule of Appellate Procedure 9.141(d) does not provide a procedural vehicle for challenging the effectiveness of postconviction appellate counsel.

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Key Quotes

“As Florida Rule of Appellate Procedure 9.141(d) does not provide a vehicle to challenge postconviction appellate counsel's effectiveness, the petition is dismissed.”

Court's citation to Gilbert v. State, 315 So. 3d 791, 791 (Fla. 1st DCA 2021)

Facts & Procedural History

Charles M. Porter filed a petition in the District Court of Appeal alleging that his postconviction appellate counsel was ineffective.…

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Opinion of the Court
Sasso

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

CHARLES M. PORTER,

Petitioner,

vs.

Case No. 5D22-198

LT Case No. 2018-CF-5470-A-O

STATE OF FLORIDA,

Respondent. _______________________________/

Opinion filed March 25, 2022

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

Charles M. Porter, Milton, pro se.

Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

The petition alleging ineffective assistance of postconviction appellate counsel is dismissed. See Gilbert v. State, 315 So. 3d 791, 791 (Fla. 1st DCA 2021) ("As Florida Rule of Appellate Procedure 9.141(d) does not

2 provide a vehicle to challenge postconviction appellate counsel's effectiveness, the petition is dismissed.").

PETITION DISMISSED.

EVANDER, WALLIS and SASSO, JJ., concur.


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