10-3963 FREDDIE LEE WILLIAMS, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 10-3963

Case Date: 12/29/2010

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA FREDDIE LEE WILLIAMS, Petitioner, v. STATE OF FLORIDA, Respondent. _______________________________/ Opinion filed December 29, 2010. Petition Alleging Ineffective Assistance of Appellate Counsel -- Original Jurisdiction. Freddie Lee Williams, pro se, Petitioner. Bill McCollum, Attorney General, and Brooke Poland, Assistant Attorney General, Tallahassee, for Respondent. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D10-3963

PER CURIAM. The petition alleging ineffective assistance of appellate counsel is granted. As the state concedes, appellate counsel was ineffective for failing to respond to orders of this court and permitting the appeal of the October 20, 2008, order denying petitioner's motion for postconviction relief in Duval County Circuit Court case number 2003-CF-13411, to be dismissed. We conclude that under the circumstances of this case, the proper and most efficient remedy is to grant

petitioner a new appeal of that order. Accordingly, upon issuance of mandate in this cause, a copy of this opinion shall be furnished to the clerk of the circuit court for treatment as a notice of appeal. BENTON, C.J., VAN NORTWICK and ROBERTS, JJ. , CONCUR.

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