Broadus Stallings v. State

District Court of Appeal of Florida

Broadus Stallings v. State

192 So. 3d 1248, 2016 WL 3126050, 2016 Fla. App. LEXIS 8471

District Court of Appeal of Florida·Decided June 3, 2016·No. 5D16-316·Published

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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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.

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

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Opinion

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