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Gilbert v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Apr 14, 2021
315 So. 3d 791 (Fla. Dist. Ct. App. 2021)

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. State

Opinion

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.


Summaries of

Gilbert v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Apr 14, 2021
315 So. 3d 791 (Fla. Dist. Ct. App. 2021)

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. State
Case details for

Gilbert v. State

Case Details

Full title:JACKY GILBERT, Petitioner, v. STATE OF FLORIDA, Respondent.

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Apr 14, 2021

Citations

315 So. 3d 791 (Fla. Dist. Ct. App. 2021)

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