Fitzsimmons v. State of Florida
This text of Fitzsimmons v. State of Florida (Fitzsimmons v. State of Florida) 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.
Opinion
FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________
No. 1D2024-2928 _____________________________
MICHAEL FITZSIMMONS,
Petitioner,
v.
STATE OF FLORIDA,
Respondent. _____________________________
Petition Alleging Ineffective Assistance of Appellate Counsel— Original Jurisdiction.
July 23, 2025
PER CURIAM.
DISMISSED. See Gilbert v. State, 315 So. 3d 791 (Fla. 1st DCA 2021) (“As Florida Rule of Appellate Procedure 9.141(d) does not provide a vehicle to challenge postconviction appellate counsel’s effectiveness, the petition is dismissed.”).
ROBERTS, KELSEY, and M.K. THOMAS, JJ., concur. _____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Michael Fitzsimmons, pro se, Petitioner.
James Uthmeier, Attorney General, Tallahassee, for Respondent.
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