Florida District Courts of Appeal, 1994

Melbourne v. State

Florida District Courts of Appeal · Decided May 2, 1994 · No. 94-947 · Dauksch, Griffin, Peterson

635 So. 2d 163; 1994 Fla. App. LEXIS 4493; 1994 WL 169955 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Johnson v. State (Fla. Dist. Ct. App. 1998)
Tullis v. State (Fla. Dist. Ct. App. 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

GRIFFIN, Judge.

Based on the allegations contained therein, the petition for writ of habeas corpus for belated appeal due to ineffective assistance of appellate counsel is granted. Rooney v. State, 632 So.2d 212 (Fla. 5th DCA 1993).

As we did in Rooney, we grant the petition, reinstate petitioner Melbourne’s appeal in this court’s case No. 93-1092 and relinquish jurisdiction to the lower court for a period of thirty days to appoint substitute appellate counsel in that proceeding, 633 So.2d 1093. Substitute counsel shall have thirty days from the date of appointment by the lower court within which to file appellant’s initial brief. Petitioner may apply below for release pending appeal.

WRIT ISSUED; REMANDED.

DAUKSCH and PETERSON, JJ., concur.

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