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SPIVEY v. STATE

No. 5D02-2475.

827 So.2d 390 (2002)

Reginald SPIVEY, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

October 11, 2002.

Attorney(s) appearing for the Case

Reginald Spivey, Jasper, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

Although a timely notice of appeal was originally filed, counsel of record failed to respond to this court's order to pay the filing fee or obtain a certificate of indigency. The result was dismissal of the direct appeal. This constitutes ineffective assistance of appellate counsel. Burnside v. State, 720 So.2d 269 (Fla. 5th DCA 1998); Johnson v. State, 719 So.2d 986...

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