CHARLES M. PORTER
v.
STATE OF FLORIDA
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Florida Rule of Appellate Procedure 9.141(d) does not provide a vehicle to challenge the effectiveness of postconviction appellate counsel.
[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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Join FLexlaw to unlock all legal intelligence“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)
Charles M. Porter filed a petition in the District Court of Appeal alleging that his postconviction appellate counsel was ineffective.…
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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
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.