Johnson v. State

Full title: CHARLES JOHNSON, Petitioner, v. STATE OF FLORIDA, Respondent

Court: District Court of Appeal of Florida, First District

Date published: Mar 26, 2004

871 So. 2d 294 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 1D04-0278.

Opinion filed March 26, 2004.

Petition Alleging Ineffective Assistance of Appellate Counsel — Original Jurisdiction.

Charles Johnson, petitioner, pro se.

Charlie Crist, Attorney General, Tallahassee, for respondent.

PER CURIAM.

We conclude that Charles Johnson's claim of ineffective assistance of appellate counsel is premature inasmuch as the appeal that is the subject of his claim remains pending, and a review of the docket therein does not establish that his appellate counsel has unduly delayed the prosecution of that appeal.

PETITION DENIED.

ALLEN, WEBSTER and BENTON, JJ., concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED