Summary
dismissing petition because "Florida Rule of Appellate Procedure 9.141(d) does not provide a vehicle to challenge postconviction appellate counsel’s effectiveness"
Summary of this case from Joeris v. StateOpinion
No. 1D20-3606
04-14-2021
Jacky GILBERT, Petitioner, v. STATE of Florida, Respondent.
Jacky Gilbert, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.
Jacky Gilbert, pro se, Petitioner.
Ashley Moody, Attorney General, Tallahassee, for Respondent.
Per Curiam.
The petition alleging ineffective assistance of appellate counsel alleges ineffective assistance of Petitioner's postconviction appellate counsel in case 1D18-4111. As Florida Rule of Appellate Procedure 9.141(d) does not provide a vehicle to challenge postconviction appellate counsel's effectiveness, the petition is dismissed. See Fla. R. App. P. 9.141(d)(5) (indicating that such a petition is available to challenge the effectiveness of "appellate counsel on direct review"); cf. Hunter v. State , 48 So. 3d 836 (Fla. 2010).
Ray, C.J., and Tanenbaum and Long, JJ., concur.