Santiago Milian v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: October 16, 2024
• Docket: 3D2024-1676
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed October 16, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-1676 Lower Tribunal No. F14-24007 ________________

Santiago Milian, Petitioner,

vs.

State of Florida, Respondent.

A Case of Original Jurisdiction – Habeas Corpus.

Santiago Milian, in proper person.

Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for respondent.

Before LOBREE, BOKOR and GOODEN, JJ.

PER CURIAM. Upon review, the petition for habeas corpus for ineffective assistance

of appellate counsel is denied. See Fla. R. App. P. 9.141(d)(5) (setting forth

two-year limitation to file a petition for ineffective assistance of appellate

counsel on direct review or four-year limitation where a petition “alleges

under oath with a specific factual basis that the petitioner was affirmatively

misled about the results of the appeal by counsel”); see also Smith v. State,

931 So. 2d 790, 805 (Fla. 2006) (“The requirements for establishing a claim

based on ineffective assistance of appellate counsel parallel the standards

announced in Strickland [v. Washington, 466 U.S. 668 (1984)]. The

‘[p]etitioner must show 1) specific errors or omissions which show that

appellate counsel’s performance deviated from the norm or fell outside the

range of professionally acceptable performance and 2) the deficiency of that

performance compromised the appellate process to such a degree as to

undermine confidence in the fairness and correctness of the appellate

result.’” (quoting in part Wilson v. Wainwright, 474 So. 2d 1162, 1163 (Fla.

1985))).