MCDONALD
v.
STATE OF FLORIDA
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A petition alleging ineffective assistance of appellate counsel is premature when the direct appeal from the judgment and sentence has not yet become final and remains pending before the Florida Supreme Court.
[1] A petition for ineffective assistance of appellate counsel is premature and subject to dismissal when the judgment and sentence have not become final because the direct a…
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Join FLexlaw to unlock all legal intelligence“Because the direct appeal from the judgment and sentence is still pending review with the Florida Supreme Court, the petition alleging ineffective assistance of appellate counsel is premature.”
Court's explanation for dismissal
McDonald filed a petition for ineffective assistance of appellate counsel while his direct appeal from his judgment and sentence was still pending rev…
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PER CURIAM.
DISMISSED. Because the direct appeal from the 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 the judgment and sentence had not yet become final).
LEWIS, ROBERTS, and NORDBY, JJ., concur. _____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________
Labonta McDonald, pro se, Petitioner.
James Uthmeier, Attorney General, Tallahassee, for Respondent.
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