Broadus Stallings v. State

192 So. 3d 1248, 2016 WL 3126050, 2016 Fla. App. LEXIS 8471
CourtDistrict Court of Appeal of Florida
DecidedJune 3, 2016
Docket5D16-316
StatusPublished

This text of 192 So. 3d 1248 (Broadus Stallings v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Broadus Stallings v. State, 192 So. 3d 1248, 2016 WL 3126050, 2016 Fla. App. LEXIS 8471 (Fla. Ct. App. 2016).

Opinion

PER CURIAM.

Broadus Stallings petitions this Court seeking a belated appeal. His petition is precluded, however, by his prior timely appeal. See Stallings v. State, 172 So.3d 886 (Fla. 5th DCA 2015). While Stall-ings’s intent in filing the petition might have been to challenge the effectiveness of his appellate counsel, a petition seeking a belated appeal is not the proper vehicle for such a challenge. See Rutherford v. Moore, 774 So.2d 637, 643 (Fla.2000) (explaining that habeas petitions are the proper means to present claims of ineffective assistance of appellate counsel).

PETITION DISMISSED.

TORPY, COHEN and WALLIS, JJ., concur.

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Related

Rutherford v. Moore
774 So. 2d 637 (Supreme Court of Florida, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
192 So. 3d 1248, 2016 WL 3126050, 2016 Fla. App. LEXIS 8471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broadus-stallings-v-state-fladistctapp-2016.