Mills v. State

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

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 docketing 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.