Florida District Courts of Appeal, 2001

Ball v. State

Ball v. State
Florida District Courts of Appeal · Decided February 9, 2001 · Griffin, Orfinger, Peterson
776 So. 2d 1116; 2001 Fla. App. LEXIS 1253; 2001 WL 108875 (Southern Reporter, Second Series)

Ball v. State

Opinion of the Court

GRIFFIN, J.

Petitioner filed a petition for writ of habeas corpus on the grounds -of ineffective assistance of appellate counsel. He then moved to dismiss it β€œand allow the [public defender] to perform her duties.... ” The lower court, without addressing the motion to dismiss, denied the petition as legally insufficient. On appeal, the petitioner now urges we should reverse because the lower court lacked jurisdiction over his petition. He also asks that we review his petition de novo. We elect to treat this appeal as a petition for habeas corpus for belated appeal filed in this court. As did the lower court, we find the petition to be meritless.

Petition DENIED.

PETERSON and ORFINGER, R.B., JJ., concur.

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