O'Riorden v. State

District Court of Appeal of Florida

O'Riorden v. State

611 So. 2d 623, 1993 Fla. App. LEXIS 1336, 1993 WL 15598

CourtDistrict Court of Appeal of Florida

DecidedJanuary 27, 1993

DocketNo. 92-3255

StatusPublished

Cited by1 cases

This text of 611 So. 2d 623 (O'Riorden 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.

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O'Riorden v. State, 611 So. 2d 623, 1993 Fla. App. LEXIS 1336, 1993 WL 15598 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

We grant the petition for writ of habeas corpus as petitioner claims and respondent agrees that petitioner received ineffective assistance of appellate counsel. Futch v. State, 420 So.2d 905 (Fla. 3d DCA 1982). Petitioner’s appellate counsel failed to file a timely initial brief resulting in dismissal of his appeal. There is no question that this was below the norm of professionally acceptable standards of performance. See Baggett v. Wainwright, 229 So.2d 239 (Fla.1969), abrogated on different grounds, State v. District Court of Appeal of Florida, 569 So.2d 439 (Fla.1990).

As a remedy for the deprivation of his first appeal, the petitioner may file a belated notice of appeal in the circuit court within thirty days of this opinion to reinsti-tute appellate proceedings which shall thereafter proceed in accordance with the Rules of Appellate Procedure.

GLICKSTEIN, C.J., and STONE and WARNER, JJ., concur.

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PER CURIAM.

We grant the petition for writ of habeas corpus as petitioner claims and respondent agrees that petitioner received ineffective assistance of appellate counsel. Futch v. State, 420 So.2d 905 (Fla. 3d DCA 1982). Petitioner’s appellate counsel failed to file a timely initial brief resulting in dismissal of his appeal. There is no question that this was below the norm of professionally acceptable standards of performance. See Baggett v. Wainwright, 229 So.2d 239 (Fla.1969), abrogated on different grounds, State v. District Court of Appeal of Florida, 569 So.2d 439 (Fla.1990).

As a remedy for the deprivation of his first appeal, the petitioner may file a belated notice of appeal in the circuit court within thirty days of this opinion to reinsti-tute appellate proceedings which shall thereafter proceed in accordance with the Rules of Appellate Procedure.

GLICKSTEIN, C.J., and STONE and WARNER, JJ., concur.

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611 So. 2d 623, 1993 Fla. App. LEXIS 1336, 1993 WL 15598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oriorden-v-state-fladistctapp-1993.

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