MAYS
v.
STATE OF FLORIDA
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A petition alleging ineffective assistance of appellate counsel must be dismissed as premature when the direct appeal from the underlying judgment and sentence remains pending before an appellate court.
[1] A petition alleging ineffective assistance of appellate counsel is premature and must be dismissed if the judgment and sentence from the direct appeal have not yet become…
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Join FLexlaw to unlock all legal intelligenceDarrel Tyrone Mays filed a petition alleging ineffective assistance of appellate counsel in the First District Court of Appeal. At the time of filing,…
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Petition Alleging Ineffective Assistance of Appellate Counsel— Original Jurisdiction.
December 23, 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 disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.