Florida District Courts of Appeal, 1997

Tullis v. State

Tullis v. State
Florida District Courts of Appeal · Decided April 4, 1997 · Goshorn, Peterson, Thompson
690 So. 2d 749; 1997 Fla. App. LEXIS 4340; 1997 WL 154775 (Southern Reporter, Second Series)

Tullis v. State

Opinion of the Court

THOMPSON, Judge.

Andrew Gene Tullis petitions this court for a writ of habeas corpus seeking a belated appeal of his judgments and convictions for sexual battery on a child by a person of familial or custodial authority and for lewd, lascivious and indecent acts upon a child. Tullis alleges that his trial and former appellate counsel repeatedly failed to file a brief as ordered by this court. We grant the petition, reinstate the appeal and direct Tullis’ new counsel1 to file an initial brief within thirty (30) days of receipt of the mandate of this court. See P.M.W. v. State, 678 So.2d 484 (Fla. 5th DCA 1996); Rooney v. State, 632 So.2d 212 (Fla. 5th DCA 1994); Melbourne v. State, 635 So.2d 163 (Fla. 5th DCA 1994).

PETITION GRANTED; WRIT ISSUED; CAUSE REMANDED.

PETERSON, C.J., and GOSHORN, J., concur.

. Tullís' current counsel was not his trial counsel.

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