Pope v. State

District Court of Appeal of Florida

Pope v. State

880 So. 2d 750, 2004 Fla. App. LEXIS 7571, 2004 WL 1175724

CourtDistrict Court of Appeal of Florida

DecidedMay 28, 2004

DocketNo. 2D03-5554

StatusPublished

This text of 880 So. 2d 750 (Pope 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

Pope v. State, 880 So. 2d 750, 2004 Fla. App. LEXIS 7571, 2004 WL 1175724 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

Dedrick Pope’s petition alleging ineffective assistance of appellate counsel (PAI-AAC) is denied without prejudice to Pope filing a timely motion to withdraw plea in [751]*751the trial court, pursuant to Florida Rule of Criminal Procedure 3.850. We note that Pope filed a motion to withdraw plea, on November 14, 2001, which the trial court denied. Because that motion was based on other grounds, any new motion that asserts the claim raised in Pope’s PAIAAC would not be successive.

Petition denied without prejudice.

FULMER, SILBERMAN, and KELLY, JJ., Concur.

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PER CURIAM.

Dedrick Pope’s petition alleging ineffective assistance of appellate counsel (PAI-AAC) is denied without prejudice to Pope filing a timely motion to withdraw plea in [751]*751the trial court, pursuant to Florida Rule of Criminal Procedure 3.850. We note that Pope filed a motion to withdraw plea, on November 14, 2001, which the trial court denied. Because that motion was based on other grounds, any new motion that asserts the claim raised in Pope’s PAIAAC would not be successive.

Petition denied without prejudice.

FULMER, SILBERMAN, and KELLY, JJ., Concur.

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Bluebook (online)

880 So. 2d 750, 2004 Fla. App. LEXIS 7571, 2004 WL 1175724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pope-v-state-fladistctapp-2004.