BARR
v.
STATE OF FLORIDA

Fla. 1st DCA | 2024-06-05
No. 2023-3126
2024 FL 6480 Florida District Court of Appeal, First District (2024) Positive Treatment
Cited by 2 cases

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Holding

A petition alleging ineffective assistance of appellate counsel must be dismissed as premature when the underlying judgment and sentence have not yet become final.


Headnotes

[1] A petition alleging ineffective assistance of appellate counsel must be dismissed as premature if the judgment and sentence have not yet become final.

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Facts & Procedural History

Genard W. Barr filed a pro se petition alleging ineffective assistance of appellate counsel in an original jurisdiction proceeding. The judgment and s…

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Opinion of the Court

Petition Alleging Ineffective Assistance of Appellate Counsel— Original Jurisdiction.

June 5, 2024 PER CURIAM.

DISMISSED. See Shirah v. State, 285 So. 3d 375 (Fla. 1st DCA 2019) (denying petition alleging ineffective assistance of appellate counsel as premature because judgment and sentence had not yet become final).

B.L. THOMAS, BILBREY, and WINOKUR, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Mays v. State (Fla. 1st DCA 2024)
    …PER CURIAM. DISMISSED. Because the direct appeal from judgment and sentence is still pending review with the Florida Supreme Court, the petition alleging ineffective assistance of appellate counsel is premature. See Shirah v. State, 285 So. 3d 375 (Fla. 1st DCA 2019) (denying petition alleging ineffective assistance of appellate counsel as premature because judgment and sentence had not yet become final). ROBERTS, NORDBY, and LONG, JJ., concur. _____________________________ Not final until…
  • Passmore v. State (Fla. 1st DCA 2021)
    …PER CURIAM. The petition alleging ineffective assistance of appellate counsel is denied as premature. See Shirah v. State, 285 So. 3d 375 (Fla. 1st DCA 2019). RAY, C.J., and MAKAR and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Elijah Pa…

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