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O'RIORDEN v. STATE

No. 92-3255.

611 So.2d 623 (1993)

Gael O'RIORDEN, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

January 27, 1993.

Attorney(s) appearing for the Case

Gael O'Riorden, pro se petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dawn S. Wynn, Asst. Atty. Gen., West Palm Beach, for respondent.

PER CURIAM.

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...

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