Mays v. State

Full title: Darrel Tyrone Mays, Petitioner, v. State of Florida, Respondent.

Court: Florida Court of Appeals, First District

Date published: Dec 23, 2024

No. 1D2024-1886 (Fla. Dist. Ct. App. Dec. 23, 2024)

Opinion

1D2024-1886

12-23-2024

Darrel Tyrone Mays, Petitioner, v. State of Florida, Respondent.

Darrel Tyrone Mays, 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 Jurisdiction.

Darrel Tyrone Mays, pro se, Petitioner.

Ashley Moody, Attorney General, Tallahassee, for Respondent.

PER CURIAM.

DISMISSED. Because the direct appeal from judgment and sentence is still pending review with the Florida Supreme Court, the petition alleging ineffective assistance of appellate counsel is premature. See Shirah v. State, 285 So.3d 375 (Fla. 1st DCA 2019) (denying petition alleging ineffective assistance of appellate counsel as premature because judgment and sentence had not yet become final).

ROBERTS, NORDBY, and LONG, JJ., concur.