Opinion
No. 2D13–4105.
01-26-2015
Derrick Marcus TURNER, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
Opinion
BY ORDER OF THE COURT.
The petition alleging ineffective assistance of appellate counsel is granted in part in circuit court case number 06–CF–021450. Petitioner shall be afforded a new direct appeal for the issue of whether the trial court violated the Double Jeopardy Clauses when it granted Petitioner's motion for judgment of acquittal and then later reversed its decision and instructed the jury on a lesser offense. The petition is denied as to claims one, three, and four.
This order shall serve as a timely notice of appeal from the judgment and sentence, imposed January 11, 2010, for purposes of computing the time standards of the Florida Rules of Appellate Procedure. Petitioner was represented by the Public Defender in his direct appeal, and is likely eligible for appointment of appellate counsel for the proceeding initiated by this order. Within forty days of the date of this order, the circuit court shall consider Petitioner's eligibility for appointment of appellate counsel, provided petitioner files within thirty-five days a motion in the circuit court requesting the same accompanied by a financial affidavit, and shall enter an order thereupon, with a copy to petitioner and a copy to this court. As the trial judge is no longer a judge in the Thirteenth Judicial Circuit, the court has directed this order to Chief Judge Ficarrotta to designate the appropriate judge for consideration of the petitioner's motion for appointment of counsel.
The circuit court clerk shall treat this order as a notice of appeal, promptly certify same and return it to this court as with any notice of appeal, accompanied by any order or certificate of indigency that may have been entered by the circuit court or its clerk, and a new appellate case number will be assigned to this appeal and an acknowledgment letter will issue at that time.
Petition granted in part, denied in part.
ALTENBERND, NORTHCUTT, and KHOUZAM, JJ., Concur.