GRIMES v. STATE

No. 4D10-4619.

82 So.3d 847 (2011)

Gary Wayne GRIMES, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

April 27, 2011.


Attorney(s) appearing for the Case

Gary Wayne Grimes , Florida City, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and James J. Carney , Assistant Attorney General, West Palm Beach, for respondent.


PER CURIAM.

The petitioner's appointed appellate counsel, who also represented him at trial, filed a timely notice of appeal on his behalf but then failed to respond timely to this court's order directing the appellant either to pay the filing fee or to file a circuit court clerk's determination of indigency status. As a result, the petitioner's direct appeal, case number 4D09-4240, was dismissed. This alone constitutes ineffective assistance of appellate counsel...

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