Mills v. State

District Court of Appeal of Florida

Mills v. State

924 So. 2d 942, 2006 Fla. App. LEXIS 4855, 2006 WL 859186

CourtDistrict Court of Appeal of Florida

DecidedApril 5, 2006

DocketNo. 1D05-5725

StatusPublished

This text of 924 So. 2d 942 (Mills 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

Mills v. State, 924 So. 2d 942, 2006 Fla. App. LEXIS 4855, 2006 WL 859186 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

Petitioner’s direct appeal was dismissed when no response was received to an order requiring payment of the filing fee and completion of a docketing statement. We grant the petition for belated appeal and hereby reinstate the appeal in case number 1D05-0386. See Hardy v. State, 822 So.2d 553 (Fla. 1st DCA 2002) (holding that appellate counsel’s failure to file a [943]*943docketing statement and respond to this court’s order to pay the filing fee constituted ineffective assistance of appellate counsel and granting a petition for belated appeal). Pugh v. State, 793 So.2d 1100 (Fla. 1st DCA 2001). Jurisdiction in that proceeding is relinquished to the trial court for a period of 30 days with directions to consider the appointment of the Public Defender if petitioner so qualifies.

ERVIN, PADOVANO and HAWKES, JJ., concur.

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PER CURIAM.

Petitioner’s direct appeal was dismissed when no response was received to an order requiring payment of the filing fee and completion of a docketing statement. We grant the petition for belated appeal and hereby reinstate the appeal in case number 1D05-0386. See Hardy v. State, 822 So.2d 553 (Fla. 1st DCA 2002) (holding that appellate counsel’s failure to file a [943]*943docketing statement and respond to this court’s order to pay the filing fee constituted ineffective assistance of appellate counsel and granting a petition for belated appeal). Pugh v. State, 793 So.2d 1100 (Fla. 1st DCA 2001). Jurisdiction in that proceeding is relinquished to the trial court for a period of 30 days with directions to consider the appointment of the Public Defender if petitioner so qualifies.

ERVIN, PADOVANO and HAWKES, JJ., concur.

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Bluebook (online)

924 So. 2d 942, 2006 Fla. App. LEXIS 4855, 2006 WL 859186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mills-v-state-fladistctapp-2006.

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