Dinkins v. State

District Court of Appeal of Florida

Dinkins v. State

600 So. 2d 1295, 1992 Fla. App. LEXIS 6795, 1992 WL 140979

CourtDistrict Court of Appeal of Florida

DecidedJune 25, 1992

DocketNo. 91-3910

StatusPublished

Cited by3 cases

This text of 600 So. 2d 1295 (Dinkins 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

Dinkins v. State, 600 So. 2d 1295, 1992 Fla. App. LEXIS 6795, 1992 WL 140979 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

Appellant filed a petition for writ of ha-beas corpus in the circuit court alleging ineffective assistance of appellate counsel. The circuit court denied the petition and appellant took this appeal. The proper method by which to raise a claim of ineffective assistance of appellate counsel is by petition for writ of habeas corpus directed to the appellate court which considered the direct appeal.. Smith v. State, 400 So.2d 956 (Fla.1981). Because appellant filed his petition in circuit court, the order denying his petition was proper. We therefore affirm the order on appeal without prejudice to appellant’s right to seek relief in the proper forum.

AFFIRMED.

JOANOS, C.J., and BOOTH and MINER, JJ., concur.

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PER CURIAM.

Appellant filed a petition for writ of ha-beas corpus in the circuit court alleging ineffective assistance of appellate counsel. The circuit court denied the petition and appellant took this appeal. The proper method by which to raise a claim of ineffective assistance of appellate counsel is by petition for writ of habeas corpus directed to the appellate court which considered the direct appeal.. Smith v. State, 400 So.2d 956 (Fla.1981). Because appellant filed his petition in circuit court, the order denying his petition was proper. We therefore affirm the order on appeal without prejudice to appellant’s right to seek relief in the proper forum.

AFFIRMED.

JOANOS, C.J., and BOOTH and MINER, JJ., concur.

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Bluebook (online)

600 So. 2d 1295, 1992 Fla. App. LEXIS 6795, 1992 WL 140979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dinkins-v-state-fladistctapp-1992.

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