Martin v. State

Full title: Asher Ezekiel Martin, Petitioner, v. State of Florida, Respondent.

Court: Florida Court of Appeals, First District

Date published: Dec 4, 2024

No. 1D2024-0261 (Fla. Dist. Ct. App. Dec. 4, 2024)

Opinion

1D2024-0261

12-04-2024

Asher Ezekiel Martin, Petitioner, v. State of Florida, Respondent.

Asher Ezekiel Martin, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.

PER CURIAM

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

Petition Alleging Ineffective Assistance of Appellate Counsel- Original Proceeding.

Asher Ezekiel Martin, pro se, Petitioner.

Ashley Moody, Attorney General, Tallahassee, for Respondent.

PER CURIAM

DISMISSED. See Mack v. State, 380 So.3d 1248, 1248-49 (Fla. 1st DCA 2024) (dismissing because there "cannot be a cognizable claim for ineffective assistance of appellate counsel" once a panel of this court, in the underlying appeal, has conducted the supreme court's mandated Anders review-under which the panel "presumably conducted its own 'full and independent review of the record to discover any arguable issues apparent on the face of the record'"-and affirmed, effectively having "determin[ed] that the appellant [] received his constitutionally guaranteed right to effective assistance from counsel").

LEWIS, ROBERTS, and TANENBAUM, JJ., concur.