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Burroughs v. State

District Court of Appeal of Florida, First District
Jul 22, 2011
65 So. 3d 1175 (Fla. Dist. Ct. App. 2011)

Opinion

No. 1D11-3464.

July 22, 2011.

Petition Alleging Ineffective Assistance of Appellate Counsel — Original Jurisdiction.

Charlie J. Burroughs, pro se, Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.


For the third time, Charlie Burroughs petitions the court for relief on the theory that his appellate counsel was ineffective for failing to challenge the sufficiency of the evidence. Burroughs' first petition raising this claim was untimely and denied as such. His second petition was likewise untimely, failed to allege any meritorious basis for an exception to the time limitation, and in addition was determined to be impennissibly successive. Burroughs has now presented the same claim again, and as with his last petition, we determine that this claim is procedurally barred both as untimely under rule 9.141(d)(5) and impermissibly successive under rule 9.141(d)(6)(C). Petitioner is cautioned that the filing of any further procedurally barred petitions claiming that appellate counsel was ineffective in this case may result in the imposition of sanctions, including but not limited to an order prohibiting petitioner from filing any further pro se pleadings in this court.

Petition alleging ineffective assistance of appellate counsel DENIED and DISMISSED.

VAN NORTWICK, WETHERELL, and ROWE, JJ., concur.


Summaries of

Burroughs v. State

District Court of Appeal of Florida, First District
Jul 22, 2011
65 So. 3d 1175 (Fla. Dist. Ct. App. 2011)
Case details for

Burroughs v. State

Case Details

Full title:Charlie J. BURROUGHS, Petitioner, v. STATE of Florida, Respondent

Court:District Court of Appeal of Florida, First District

Date published: Jul 22, 2011

Citations

65 So. 3d 1175 (Fla. Dist. Ct. App. 2011)

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