HEPBURN
v.
STATE OF FLORIDA
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Petitioner Hepburn filed a petition alleging ineffective assistance of appellate counsel with the First District Court of Appeal. The court dismissed the petition as premature because his direct appeal was still pending before the Florida Supreme Court.
A petition alleging ineffective assistance of appellate counsel is premature and must be dismissed when the direct appeal from the judgment and sentence has not yet become final and is still pending review before the Florida Supreme Court.
[1] A petition alleging ineffective assistance of appellate counsel is premature where the defendant's direct appeal from judgment and sentence is still pending review before…
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Join FLexlaw to unlock all legal intelligence“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.”
The court's rationale for dismissal—establishing the procedural requirement that direct appeals must be resolved before collateral claims of appellate counsel ineffectiveness can be considered.
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Join FLexlaw to unlock all legal intelligenceDarriues Prince Alexander Hepburn was convicted and sentenced. He filed a direct appeal with the Florida Supreme Court, which remains pending. While t…
The full statement of facts, procedural history, and disposition for this case are member content.
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Petition Alleging Ineffective Assistance of Appellate Counsel— Original Jurisdiction.
January 15, 2025 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, RAY, and KELSEY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Darriues Prince Alexander Hepburn, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.