Summary
In O'Riorden, this court granted a writ of habeas corpus on the grounds of ineffectiveness of counsel where the petitioner's appellate counsel failed to file a timely initial brief resulting in dismissal of his appeal.
Summary of this case from Young v. StateOpinion
No. 92-3255.
January 27, 1993.
Petition for writ of habeas corpus to the Circuit Court for Broward County; Mark A. Speiser, Judge.
Gael O'Riorden, pro se petitioner.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Dawn S. Wynn, Asst. Atty. Gen., West Palm Beach, for respondent.
We grant the petition for writ of habeas corpus as petitioner claims and respondent agrees that petitioner received ineffective assistance of appellate counsel. Futch v. State, 420 So.2d 905 (Fla. 3d DCA 1982). Petitioner's appellate counsel failed to file a timely initial brief resulting in dismissal of his appeal. There is no question that this was below the norm of professionally acceptable standards of performance. See Baggett v. Wainwright, 229 So.2d 239 (Fla. 1969), abrogated on different grounds, State v. District Court of Appeal of Florida, 569 So.2d 439 (Fla. 1990).
As a remedy for the deprivation of his first appeal, the petitioner may file a belated notice of appeal in the circuit court within thirty days of this opinion to reinstitute appellate proceedings which shall thereafter proceed in accordance with the Rules of Appellate Procedure.
GLICKSTEIN, C.J., and STONE and WARNER, JJ., concur.